























I 









✓ <y 

CONSTITUTIONS 

/ 


OF THE 


STATE OF CALIFORNIA 


AND OF 


THE UNITED STATES. 



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• •• 

SACRAMENTO: 

STATE OFFICE : : : : P. L. SHOAFF, SUPT. STATE PRINTING. 

1887. 







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.-—***** 


MAR 30 1914 


CONST 


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ON OF THE STA 


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1 


ALIFORNIA. 




































CONSTITUTION OF THE ST’ATE OF CALIFORNIA. 


Adopted in Convention at Sacramento, March 3, A. D. 1879; submitted to and 

ratified by the People May 7, 1879. 


I 

PREAMBLE AND DECLARATION OF RIGHTS. 

PREAMBLE. 

We, the people of the State of California, grateful to 
Almighty God for our freedom, in order to secure and per¬ 
petuate its blessings, do establish this Constitution. 

ARTICLE I. 

DECLARATION OF RIGHTS. 

Section 1. All men are by nature free and independent, inalienable 
and have certain inalienable rights, among which are those rights ‘ 
of enjoying and defending life and liberty; acquiring, pos¬ 
sessing, and protecting property; and pursuing and obtain¬ 
ing safety and happiness. 

Sec. 2. All political power is inherent in the people. Source of 
Government is instituted for the protection, security, and Jowcr. al 
benefit of the people, and they have the right To alter or 
reform the same whenever the public good may require it. 

Sec. 3. The State of California is an inseparable part of State insepa- 
the American Union, and the Constitution of the United [heUnioSI! 
States is the supreme law of the land. 

Sec. 4. The free exercise and enjoyment of religious pro- Religious 
fession and worship, without discrimination or preference, liberty - 
shall forever be guaranteed in this State; and no person shall 
be rendered incompetent to be a witness or juror on account 
of his opinions on matters of religious belief; but the liberty 
of conscience hereby secured shall not be so construed as to 
excuse acts of licentiousness, or justify practices inconsistent 
with the peace or the safety of the State. 

Sec. 5. The privilege of the writ of habeas corpus shall Habeas 
not be suspended unless when, in case of rebellion or inva- coipus ' 
sion, the public safety may require the suspension. 

Sec. 6. All persons shall be bailable by sufficient sureties, Bail for 
unless for capital offenses when the proof is evident or the crnmual3 ‘ 
presumption great. Excessive bail shall not be required, 
nor excessive fines imposed; nor shall cruel or unusual pun¬ 
ishment be inflicted. Witnesses shall not be unreasonably 
detained, nor confined in any room where criminals are 
actually imprisoned. 




4 


CONSTITUTION OF THE 




Eight of 
trial by jury. 


Offenses, 

how 

prosecuted. 


Freedom of 
speech. 


Eight of 
assembly. 


Laws 

uniform in 
operation. 

Military 
subordinate 
to civil 
power. 


Eight of 
criminals 
on trial. 


Sec. 7. The right of trial by jury shall be secured to all, 
and remain inviolate; but in civil actions three fourths of 
the jury may render a verdict. A trial by jury may be 
waived in all criminal cases, not amounting to felony, by the 
consent of both parties, expressed in open Court, and in civil 
actions by the consent of the parties, signified in such man¬ 
ner as may be prescribed by law. In civil actions, and cases 
of misdemeanor, the jury may consist of twelve, or of any 
number less than twelve upon which the parties may agree 
in open Court. 

Sec. 8. Offenses heretofore required to be prosecuted by 
indictment shall be prosecuted by information, after exam¬ 
ination and commitment by a magistrate, or by indictment, 
with or without such examination and commitment, as may 
be prescribed by law. A grand jury shall be drawn and 
summoned at least once a year in each county. 

Sec. 9. Every citizen may freely speak, write, and pub¬ 
lish his sentiments on all subjects, being responsible for the 
abuse of that right; and no law shall be passed to restrain or 
abridge the liberty of speech or of the press. In all criminal 
prosecutions for libels, the truth may be given in evidence to 
the jury; and if it shall appear to the jury that the matter 
charged as libelous is true, and was published with good 
motives, and for justifiable ends, the party shall be acquitted; 
and the jury shall have the right to determine the law and 
the fact. Indictments found, or information laid, for publi¬ 
cations in newspapers, shall be tried in the county where 
such newspapers have their publication office, or in the 
county where the party alleged to be libeled resided at the 
time of the alleged publication, unless the place of trial shall 
be changed for good cause. 

Sec. 10. The people shall have the right to freely assem¬ 
ble together to consult for the common good, to instruct their 
representatives, and to petition the Legislature for redress of 
grievances. 

Sec. 11. All laws of a general nature shall have a uniform 
operation. 

Sec. 12. The military shall be subordinate to the civil 
power. No standing army shall be kept up by this State in 
time of peace, and no soldier shall, in time of peace, be quar¬ 
tered in any house without the consent of the owner; nor 
in time of war, except in the manner prescribed by law. 

Sec. 13. In criminal prosecutions, in any Court whatever, 
the party accused shall have the right to a speedy and public 
trial; to have the process of the Court to compel the attend¬ 
ance of witnesses in his behalf, and to appear and defend, in 
person and with counsel. No person shall be twice put in 
jeopardy for the same offense; nor be compelled, in any 
criminal, case, to be a witness against himself; nor be de¬ 
prived of life, liberty, or property without due process of law. 
The Legislature shall have power to provide for the taking, 
in the presence of the party accused and his counsel, of depo¬ 
sitions of witnesses in. criminal cases, other than cases of 
homicide, when there is reason to believe that the witness, 
from inability or other causes, will not attend at the trial. 


STATE OF CALIFORNIA. 


5 


Sec. 14. Private property shall not be taken or damaged private 
for public use without just compensation having been first SfCk! 01- 
made to, or paid into Court for, the owner, and no right of 
way shall be appropriated to the use of any corporation other 
than municipal until full compensation therefor be first 
made in money or ascertained and paid into Court for the 
owner, irrespective of any benefit from any improvement 
proposed by such corporation, which compensation shall be 
ascertained by a jury, unless a jury be waived, as in other 
civil cases in a Court of record, as shall be prescribed by law. 

Sec. 15. No person shall be imprisoned for debt in any no impris- 
civil action, or mesne or final process, unless in case of fraud, ^“J ent for 
nor in civil actions for torts, except in cases of willful injury 
to person or property; and no person shall be imprisoned for 
a militia fine in time of peace. 

Sec. 16. No bill of attainder, ex post facto law, or law im¬ 
pairing the obligations of contracts, shall ever be passed. 

Sec. 17. Foreigners of the white race or of African descent, Rights of 
eligible to become citizens of the United States under the fore, s ners - 
naturalization laws thereof, while bona fide residents of this 
State, shall have the same rights in respect to the acquisition, 
possession, enjoyment, transmission, and inheritance of prop¬ 
erty as native born citizens. 

Sec. 18 . Neither slavery nor involuntary servitude, unless slavery, 
for the punishment of crime, shall ever be tolerated in this 
State. 

Sec. 19. The right of the people to be secured in their search, 
persons, houses, papers, and effects, against unreasonable 
seizures and searches, shall not be violated; and no warrant 
shall issue, but on probable cause, supported by oath or 
affirmation, particularly describing the place to be searched 
and the persons and things to be seized. 

Sec. 20. Treason against the State shall consist only in Treason, 
levying Avar against it, adhering to its enemies, or giving 
them aid and comfort. No person shall be convicted of trea¬ 
son unless on the evidence of two witnesses to the same overt 
act, or confession in open Court. 

Sec. 21. No special privileges or immunities shall ever special 
be granted which may not be altered, revoked, or repealed le s islatlon - 
by the Legislature, nor shall any citizen, or class of citizens, 
be granted privileges or immunities which, upon the same 
terms, shall not be granted to all citizens. 

Sec. 22. The provisions of this Constitution are manda- provisions 
tory and prohibitory, unless by express words they are mandat01 ‘y- 
declared to be otherwise. 

Sec. 23. This enumeration of rights shall not be con- xottoim- 
strued to impair or deny others retained by the people. pan-rights. 

Sec. 24 . No property qualification shall ever be required Jropeny 
for any person to vote or hold office. tion. 


6 


CONSTITUTION OF THE 


Qualifica¬ 
tions of 
voters. 


Privilege 
from arrest. 


Military 

duty. 

Loss of 
residence. 


Election by 
ballot. 


Departments 
of Govern¬ 
ment. 


Legislative 
power vested 
inSenateand 
Assembly. 


ARTICLE II. 

RIGHT OF SUFFRAGE. 

Section 1 . Every native male citizen of the United States, 
every male person who shall have acquired the rights of 
citizenship under or by virtue of the treaty of Queretaro, and 
every male naturalized citizen thereof, who shall have be¬ 
come such ninety days prior to any election, of the age of 
twenty-one years, who shall have been a resident of the State 
one year next preceding the election, and of the county in 
which he claims his vote ninety days, and in the election 
precinct thirty days, shall be entitled to vote at all elections 
which are now or may hereafter be authorized by law; pro¬ 
vided no native of China, no idiot, insane person, or person 
convicted of any infamous crime, and no person hereafter 
convicted of the embezzlement or misappropriation of public 
money, shall every exercise the privilege of an elector in this 
State. 

Sec. 2. Electors shall in all cases, except treason, felony, 
or breach of the peace, be privileged from arrest on the days 
of election, during their attendance at such election, going 
to and returning therefrom. 

Sec. 3. No elector shall be obliged to perform militia duty 
on the day of election, except in time of war or public danger. 

Sec. 4. For the purpose of voting, no person shall be 
deemed to have gained or lost a residence by reason of his 
presence or absence while employed in the service of the Uni¬ 
ted States, nor while engaged in the navigation of the waters 
of this State or of the United States, or of the high seas; nor 
while a student at any seminary of learning; nor while kept 
in any almshouse or other asylum, at public expense; nor 
while confined in any public prison. 

Sec. 5. All elections by the people shall be by ballot. 

ARTICLE III. 

DISTRIBUTION OF POWERS. 

Section 1 . The powers of the Government of the State of 
California shall be divided into three separate departments— 
the legislative, executive, and judicial; and no person charged 
with the exercise of powers properly belonging to one of these 
departments shall exercise any functions appertaining to 
either of the others, except as in this Constitution expressly 
directed or permitted. 


ARTICLE IV. 

LEGISLATIVE DEPARTMENT. 

Section 1 . The legislative power of this State shall be 
vested in a Senate and Assembly, which shall be designated 


STATE OF CALIFORNIA. 


I 


the Legislature of the State of California, and the enacting 
clause of every law shall be as follows: “The People of the 
State of California, represented in Senate and Assembly, do 
enact as follows.” 

Sec. 2. The sessions of the Legislature shall commence at Sessions of 
twelve o’clock m. on the first Monday after the first day of JSenheid 6 ’ 
January next succeeding the election of its members, and, 
after the election held in the year eighteen hundred and 
eighty, shall be biennial, unless the Governor shall, in the 
interim, convene the Legislature by proclamation. No pay 
shall be allowed to members for a longer time than sixty 
days, except for the first session after the adoption of this 
Constitution, for which they may be allowed pay for one 
hundred days. And no bill shall be introduced in either 
house after the expiration of ninety days from the com¬ 
mencement of the first session, nor after fifty days after the 
commencement of each succeeding session, without the con¬ 
sent of two thirds of the members thereof. 

Sec. 3. Members of the Assembly shall be elected in the Members of 
year eighteen hundred and seventy-nine, at the time and in £5Jf“ bIy ’ 
the manner now provided by law. The second election of elected; 
members of the Assembly, after the adoption of this Consti- office. 01 
tution, shall be on the first Tuesday after the first Monday 
in November, eighteen hundred and eighty. Thereafter 
members of the Assembly shall be chosen biennially, and 
their term of office shall be two years; and each election shall 
be on the first Tuesday after the first Monday in November, 
unless otherwise ordered by the Legislature. 

Sec. 4. Senators shall be chosen for the term of four years, senators 
at the same time and places as members of the Assembly, wSfterm 
and no person shall he a member of the Senate or Assembly 
who has not been a citizen and inhabitant of the State three Es. ca * 
years, and of the district for which he shall be chosen one 
year, next before his election. 

Sec. 5. The Senate shall consist of forty members, and the Number of 
Assembly of eighty members, to be elected by districts, num- aESm- 
bered as hereinafter provided. The seats of the twenty Sen- biymen. 
ators elected in the year eighteen hundred and eighty-two senators 
from the odd numbered districts shall be vacated at the hold ovel - 
expiration of the second year, so that one half of the Senators 
shall be elected every two years; jirovided, that all the Sen¬ 
ators elected at the first election under this Constitution shall 
hold office for the term of three years. 

Sec. 6. For the purpose of choosing members of the Legis- Legislative 
lature, the State shall be divided into forty senatorial and 
eighty assembly districts, as nearly equal in population as 
may be, and composed of contiguous territory, to be called 
senatorial and assembly districts. Each senatorial district 
shall choose one Senator, and each assembly district shall 
choose one member of Assembly. The senatorial districts 
shall be numbered from one to forty, inclusive, in numerical 
order, and the assembly districts shall be. numbered from 
one to eighty, in the same order, commencing at the north¬ 
ern boundary of the State, and ending at the southern 


8 


CONSTITUTION OF THE 


Each house 
to determine 
its own or¬ 
ganization. 

A quorum, 
what. 


Rules of 

proceeding; 

expulsion. 

Journal; 
yeas and 
nays. 


Privilege 
from arrest. 


"Vacancies, 
how filled. 


Open session. 


Adjourn¬ 
ment and 
recess. 


Bills, how 
passed. 


boundary thereof. In the formation of such districts no 
county, or city and county, shall be divided, unless it con¬ 
tains sufficient population within itself to form two or more 
districts, nor shall a part of any county, or of any city and 
county, be united with any other county, or city and county, 
in forming any district. The census taken under the direc¬ 
tion of the Congress of the United States in the year one 
thousand eight hundred and eighty, and every ten years 
thereafter, shall be the basis of fixing and adjusting the leg¬ 
islative districts; and the Legislature shall, at its first ses¬ 
sion after each census, adjust such districts and reapportion 
the representation so as to preserve them as near equal in 
population as may be. But in making such adjustment no 
persons who are not eligible to become citizens of the United 
States, under the naturalization laws, shall be counted as 
forming a part of the population of any district. Until such 
districting as herein provided for shall be made, Senators 
and Assemblymen shall be elected by the districts according 
to the apportionment now provided for by law. 

Sec. 7. Each house shall choose its officers, and judge of 
the qualifications, elections, and returns of its members. 

Sec. 8. A majority of each house shall constitute a quorum 
to do business, but a smaller number may adjourn from day 
to day, and may compel the attendance of absent members 
in such manner and under such penalties as each house may 
provide. 

Sec. 9. Each house shall determine the rule of its pro¬ 
ceeding, and may, with the concurrence of two thirds of all 
its members elected, expel a member. 

Sec. 10. Each house shall keep a Journal of its proceed¬ 
ings, and publish the same, and the yeas and nays of the 
members of either house, on any question, shall, at the desire 
of any three members present, be entered on the Journal. 

Sec. 11. Members of the Legislature shall, in all cases, 
except treason, felony, and breach of the peace, be privileged 
from arrest, and shall not be subject to any civil process dur¬ 
ing the session of the Legislature, nor for fifteen days next 
before the commencement and after the termination of each 
session. 

Sec. 12. When vacancies occur in either house, the Gov¬ 
ernor, or the person exercising the functions of the Governor, 
shall issue writs of election to fill such vacancies. 

Sec. 13. The doors of each house shall be open, except on 
such occasions as, in the opinion of the house, may require 
secrecy. 

Sec. 14. Neither house shall, without the consent of the 
other, adjourn for more than three days, nor to any place 
other than that in which they may be sitting. Nor shall the 
members of either house draw pay for any recess or adjourn¬ 
ment for a longer time than three days. 

Sec. 15. No law shall be passed except by bill. Nor shall 
any bill be put upon its final passage until the same, with 
the amendments thereto, shall have been printed for the use 
of the members; nor shall any bill become a law unless the 
same be read on three several days in each house, unless, in 


STATE OF CALIFORNIA. 


9 


a case of urgency, two thirds of the house where such bill 
may be pending shall, by a vote of yeas and nays, dispense 
with this provision. Any bill may originate in either house, 
but may be amended or rejected by the other; and on the 
final passage of all bills they shall be read at length, and the 
vote shall be by yeas and nays upon each bill separately, and 
shall be entered on the Journal, and no bill shall become a 
law without the concurrence of a majority of the members 
elected to each house. 

Sec. 16. Every bill which may have passed the Legisla-sms, bow 
ture shall, before it becomes a law, be presented to the Gov- jJSof'the 
ernor. If he approve it, he shall sign it; but if not, he shall Governor, 
return it, with his objections, to the house in which it origi¬ 
nated, which shall enter such objections upon the Journal 
and proceed to reconsider it. If, after such reconsideration, 
it again pass both houses, by yeas and nays, two thirds of 
the members elected to each house voting therefor, it shall 
become a law, notwithstanding the Governor’s objections. If 
any bill shall not be returned within ten days after it shall 
have been presented to him (Sundays excepted), the same 
shall become a law in like manner as if he had signed it, 
unless the Legislature, by adjournment, prevents such return, 
in which case it shall not become a law, unless the Governor, 
within ten days after such adjournment (Sundays excepted), 
shall sign and deposit the same in the office of the Secretary 
of State, in which case it shall become a law in like manner 
as if it had been signed by him before adjournment. If any 
bill presented to the Governor contains several items of 
appropriation of money, he may object to one or more items, 
while approving other portions of the bill. In such case he 
shall append to the bill, at the time of signing it, a statement 
of the items to which he objects, and the reasons therefor, 
and the appropriations so objected to shall not take effect 
unless passed over the Governor’s veto, as hereinbefore pro¬ 
vided. If the Legislature be in session, the Governor shall 
transmit to the house in which the bill originated, a copy of 
such statement, and the items so objected to shall be sepa¬ 
rately reconsidered in the same manner as bills which have 
been disapproved by the Governor. 

Sec. 17. The Assembly shall have the sole power of im- Power of im¬ 
peachment, and all impeachments shall be tried by the Senate. P cachment - 
When sitting for that purpose, the Senators shall be upon 
oath or affirmation, and no person shall be convicted without 
the concurrence of two thirds of the members elected. 

Sec. 18. The Governor, Lieutenant-Governor, Secretary Who may be 
of State, Controller, Treasurer, Attorney-General, Surveyor- im P eached - 
General, Chief Justice and Associate Justices of the Supreme 
Court, and Judges of the Superior Courts, shall be liable to 
impeachment for any misdemeanor in office; but judgment 
in such cases shall extend only to removal from office, and 
disqualification to hold any office of honor, trust, or profit 
under the State; but the party convicted or acquitted shall 
nevertheless be liable to indictment, trial, and punishment, 
according to law. All other civil officers shall be tried for 


10 


CONSTITUTION OF THE 


Legislators 
not eligible 
to certain 
offices. 


United 
States 
officers not 
eligible to 
office. 


Embezzlers 
of public 
moneys. 


Money 
appropriated 
for wliat, and 
liow drawn 
from the 
treasury. 


Compensa¬ 
tion of 
members of 
Legislature. 


misdemeanor in office in such manner as the Legislature may 
provide. 

Sec. 19. No Senator or member of Assembly shall, during 
the term for which he shall have been elected, be appointed 
to any civil office of profit under this State which shall have 
been created, or the emoluments of which have been in¬ 
creased, during such term, except such offices as may be filled 
by election by the people. 

Sec. 20. No person holding any lucrative office under the 
United States, or any other power, shall be eligible to any 
civil office of profit under this State; provided, that officers in 
the militia, who receive no annual salary, local officers, or 
Postmasters whose compensation does not exceed five hun¬ 
dred dollars per annum, shall not be deemed to hold lucra¬ 
tive offices. 

Sec. 21. No person convicted of the embezzlement or de¬ 
falcation of the public funds of the United States, or of any 
State, or of any county or municipality therein, shall ever be 
eligible to any office of honor, trust, or profit under this State, 
and the Legislature shall provide, by law, for the punishment 
of embezzlement or defalcation as a felony. 

Sec. 22. No money shall be drawn from the treasury but 
in consequence of appropriations made by law, and upon 
warrants duly drawn thereon by the Controller; and no 
money shall ever be appropriated or drawn from the State 
Treasury for the use and benefit of any corporation, associa¬ 
tion, asylum, hospital, or any other institution not under the 
exclusive management and control of the State as a State 
institution, nor shall any grant or donation of property ever 
be made thereto by the State; provided , that notwithstanding 
anything contained in this or any other section of this Con¬ 
stitution, the Legislature shall have the power to grant aid 
to institutions conducted for the support and maintenance 
of minor orphans, or half orphans, or abandoned children, 
or aged persons in indigent circumstances—such aid to be 
granted by a uniform rule, and proportioned to the number 
of inmates of such respective institutions; provided further, 
that the State shall have, at any time, the right to inquire 
into the management of such institution; provided further, 
that whenever any county, or city and county, or city, or 
town, shall provide for the support of minor orphans, or half 
orphans, or abandoned children, or aged persons in indigent 
circumstances, such county, city and county, city, or town, 
shall be entitled to receive the same pro rata appropriations 
as may be granted to such institutions under church or other 
control. An accurate statement of the receipts and expendi¬ 
tures of public moneys shall be attached and published with 
the laws at every regular session of the Legislature. 

Sec. 23. The members of the Legislature shall receive for 
their services a per diem and mileage, to be fixed by law, 
and paid out of the public treasury; such per diem shall not 
exceed eight dollars, and such mileage shall not exceed ten 
cents per mile, and for contingent expenses not exceeding 
twenty-five dollars for each session. No increase in compen¬ 
sation or mileage shall take effect during the term for which 


STATE OF CALIFORNIA. 


11 


the members of either house shall have been elected, and 
the pay of no attache shall be increased after he is elected or 
appointed. 

Sec. 24. Every Act shall embrace but one subject, which 
subject shall be expressed in its title. But if any subject 
shall be embraced in an Act which shall not be expressed in 
its title, such Act shall be void only as to so much thereof as 
shall not be expressed in its title. No law shall be revised 
or amended by reference to its title; but in such case the Act 
revised or section amended shall be reenacted and published 
at length as revised or amended; and all laws of the State of 
California, and all official writings, and the executive, legis¬ 
lative, and judicial proceedings shall be conducted,preserved, 
and published in no other than the English language. 

Sec. 25. The Legislature shall not pass local or special 
laws in any of the following enumerated cases,that is to say: 

First —Regulating the jurisdiction and duties of Justices of 
the Peace, Police Judges, and of Constables. 

Second —'For the punishment of crimes and misdemeanors. 

Third —Regulating the practice of Courts of justice. 

Fourth —Providing for changing the venue in civil or crim¬ 
inal actions. 

Fifth —Granting divorces. 

Sixth —Changing the names of persons or places. 

Seventh —Authorizing the laying out, opening, altering, 
maintaining, or vacating roads, highways, streets, alleys, 
town plots, parks, cemeteries, graveyards, or public grounds 
not owned by the State. 

Eighth —Summoning and impaneling grand and petit 
juries, and providing for their compensation. 

Ninth —Regulating county and township business, or the 
election of county or township officers. 

Tenth —For the assessment or collection of taxes. 

Eleventh —Providing for conducting elections, or desig¬ 
nating the places of voting, except on the organization of 
new counties. 

Twelfth —Affecting estates of deceased persons, minors, or 
other persons under legal disabilities. 

Thirteenth —Extending the time for the collection of taxes. 

Fourteenth —Giving effect to invalid deeds, wills, or other 
instruments. 

Fifteenth —Refunding money paid into the State Treasury. 

Sixteenth —Releasing, or extinguishing, in whole or in part, 
the indebtedness, liability, or obligation of any corporation 
or person to this State, or to any municipal corporation 
therein. 

Seventeenth —Declaring any person of age, or authorizing 
any minor to sell, lease, or incumber his or her property. 

Eighteenth —Legalizing, except as against the State, the un¬ 
authorized or invalid act of any officer. 

Nineteenth —Granting to any corporation, association, or 
individual any special or exclusive right, privilege, or immu¬ 
nity. 

Twentieth —Exempting property from taxation. 

Twenty-first —Changing county seats. 


Subject of 
Act to be in 
title. 


Prohibited 

legislation. 


12 


CONSTITUTION OF THE 


Lotteries 
and stocks. 


Formation 
of congres¬ 
sional 
districts. 


Twenty-second —Restoring to citizenship persons convicted 
of infamous crimes. 

Twenty-third— Regulating the rate of interest on money. 

Twenty-fourth —Authorizing the creation, extension, or im¬ 
pairing of liens. 

Twenty-fifth —Chartering or licensing ferries, bridges, or 
roads. 

Twenty-sixth —Remitting fines, penalties, or forfeitures. 

Twenty-seventh —Providing for the management of common 
schools. 

Twenty-eighth —Creating offices, or prescribing the powers 
and duties of officers in counties, cities, cities and counties, 
township, election, or school districts. 

Twenty-ninth —Affecting the fees or salary of any officer. 

Thirtieth —Changing the law of descent or succession. 

Thirty-first —Authorizing the adoption or legitimation of 
children. 

Thirty-second —For limitation of civil or criminal actions. 

Thirty-third —In all other cases where a general law can be 
made applicable. 

Sec. 26 . The Legislature shall have no power to authorize 
lotteries or gift enterprises for any purpose, and shall pass 
laws to prohibit the sale in this State of lottery or gift enter¬ 
prise tickets, or tickets in any scheme in the nature of a 
lottery. The Legislature shall pass laws to regulate or pro¬ 
hibit "the buying and selling of the shares of the capital stock 
of corporations in any stock board, stock exchange, or stock 
market under the control of any association. All contracts 
for the sale of shares of the capital stock of any corporation 
or association, on margin, or to be delivered at a future day, 
shall be void, and any money paid on such contracts may be 
recovered by the party paying it by suit in any Court of com¬ 
petent jurisdiction. 

Sec. 27. When a congressional district shall be composed 
of two or more counties, it shall not be separated by any 
county belonging to another district. No county, or city and 
county, shall be divided in forming a congressional district 
so as to attach one portion of a county, or city^ and county, 
to another county, or city and county, except in cases where 
one county, or city and county, has more population than 
the ratio required for one or more Congressmen; but the 
Legislature may divide any county, or city and county, into 
as many congressional districts as it may be entitled to by 
law. Any county, or city and county, containing a popula¬ 
tion greater than the number required for one congressional 
district, shall be formed into one or more congressional dis¬ 
tricts, according to the population thereof, and any residue, 
after forming such district or districts, shall be attached by 
compact adjoining assembly districts, to a contiguous county 
or counties, and form a congressional district. In dividing 
a county, or city and county, into congressional districts, no 
assembly district shall be divided so as to form a part of more 
than one congressional district, and every such congressional 
district shall be composed of contact contiguous assembly 
districts. 


STATE OF CALIFORNIA. 


13 


Sec. 28. In all elections by the Legislature the members Elections by 
thereof shall vote viva voce, and the votes shall be entered Le e islature - 
on the Journal. 

Sec. 29. The general appropriation bill shall contain no General ap- 
item or items of appropriation other than sucli as are required g[ 1 °i P t r 0 iatl0U 
to pay the salaries of the State officers, and expenses of the contain, 
government, and of the institutions under the exclusive con¬ 
trol and management of the State. 

Sec. 30. Neither the Legislature, nor any county, city and Prohibits 
county, township, school district, or other municipal corpo- sS^d 1 
ration, shall ever make an appropriation, or pay from any sectarian 
public fund whatever, or grant anything to or in aid of any ‘ scl00 8 ' 
religious sect, church, creed, or sectarian purpose, or help to 
support or sustain any school, college, university, hospital, or 
other institution controlled by any religious creed, church, 
or sectarian denomination whatever; nor shall any grant or 
donation of personal property or real estate ever be made by 
the State, or any city, city and county, town, or other munic¬ 
ipal corporation, for any religious creed, church, or sectarian 
purpose whatever; provided, that nothing in this section shall 
prevent the Legislature granting aid pursuant to section 
twenty-two of this article. 

Sec. 31. The Legislature shall have no power to give or to Public credit 
lend, or to authorize the giving or lending of the credit of 
the State, or of any county, city and county, city, township, corporations, 
or other political corporation or subdivision of the State now 
existing, or that may be hereafter established, in aid of or to 
any person, association, or corporation, whether municipal 
or otherwise, or to pledge the credit thereof, in any manner 
whatever, for the payment of the liabilities of any individual, 
association, municipal or other corporation whatever; nor 
shall it have power to make any gift, or authorize the making 
of any gift, or any public money or thing of value, to any 
individual, municipal or other corporation whatever; pro¬ 
vided, that nothing in this section shall prevent the Legis¬ 
lature granting aid pursuant to section twenty-two of this 
article; and it shall not have power to authorize the State, 
or any political subdivision thereof, to subscribe for stock, or 
to become a stockholder in any corporation whatever. 

Sec. 32. The Legislature shall have no power to grant, or Prohibits 
authorize any county or municipal authority to grant, any to 

extra compensation or allowance to any public officer, agent, officers and 
servant, or contractor, after service has been rendered, or a contractors - 
contract has been entered into and performed, in whole or in 
part, nor to pay, or to authorize the payment of, any claim 
hereafter created against the State, or any county or munici¬ 
pality of the State, under any agreement or contract made 
without express authority of law; and all such unauthorized 
agreements or contracts shall be null and void. 

Sec. 33. The Legislature shall pass laws for the regulation t 0 regulate 
and limitation of the charges for services performed and of 
commodities furnished by telegraph and gas corporations, corporations, 
and the charges by corporations or individuals for storage 
and wharfage, in which there is a public use; and where 
laws shall provide for the selection of any person or officer 


14 


CONSTITUTION OP 1 THE 


Appropria¬ 
tion bills to 
contain but 
one item. 


To punish 
bribery. 


The 

Executive. 


How elected. 


Who 

eligible. 


Election, 
how made 
known. 


to regulate or limit such rates, no person or officer shall be 
selected by an y corporation or individual interested in the 
business to be regulated, and no person shall be selected who 
is an officer or stockholder in any such corporation. 

Sec. 34. No bill making an appropriation for money, 
except the general appropriation bill, shall contain more 
than one item of appropriation, and that for one single and 
certain purpose to be therein expressed. 

Sec. 35. Any person who seeks to influence the vote of a 
member of the Legislature by bribery, promise of reward, 
intimidation, or any other dishonest means, shall be guilty 
of lobbying, which is hereby declared a felony; and it shall 
be the duty of the Legislature to provide, by law, for the 
punishment of this crime. Any member of the Legislature, 
who shall be influenced in his vote or action upon any matter 
pending before the Legislature by any reward, or promise of 
future reward, shall be deemed guilty of a felony, and upon 
conviction thereof, in addition to such punishment as may 
be provided by law, shall be disfranchised and forever dis¬ 
qualified from holding any office of public trust. Any person 
may be compelled to testify in any lawful investigation or 
judicial proceeding against any person who may be charged 
with having committed the offense of bribery or corrupt 
solicitation, or with having been influenced in his vote or 
action, as a member of the Legislature, by reward, or promise 
of future reward, and shall not be permitted to withhold his 
testimony upon the ground that it may criminate himself, or 
subject him to public infamy; but such testimony shall not 
afterwards be used against him in any judicial proceeding, 
except for perjury in giving such testimony. 

ARTICLE Y. 

EXECUTIVE DEPARTMENT. 

Section 1 . The supreme executive power of this State 
shall be vested in a Chief Magistrate, who shall be styled the 
Governor of the State of California. 

Sec. 2. The Governor shall be elected by the qualified 
electors at the time and place of voting for members of the 
Assembly, and shall hold his office four years from and after 
the first Monday after the first day of January subsequent to 
his election, and until his successor is elected and qualified. 

Sec. 3. No person shall be eligible to the office of Governor 
who has not been a citizen of the United States and a resi¬ 
dent of this State five years next preceding his election, and 
attained the age of twenty-five years at the time of such 
election. 

Sec. 4. The returns of every election for Governor shall 
be sealed up and transmitted to the seat of government, 
directed to the Speaker of the Assembly, who shall, during 
the first week of the session, open and publish them in the 
presence of both houses of the Legislature. The person hav¬ 
ing the highest number of votes shall be Governor; but, in 
case any two or more have an equal and the highest number 


STATE OF CALIFORNIA. 


15 


of votes, the Legislature shall, by joint vote of both houses, 
choose one of such persons having an equal and the highest 
number of votes for Governor. 

Sec. 5. The Governor shall be Commander-in-Chief of 
the militia, the army and navy of this State. 

Sec. 6. He shall transact all executive business with the 
officers of government, civil and military, and may require 
information, in writing, from the officers of the executive 
department, upon any subject relating to the duties of their 
respective offices. 

Sec. 7. He shall see that all the laws are faithfully exe¬ 
cuted. 

Sec. 8. When any office shall, from any cause, become 
vacant, and no mode is provided by the Constitution and 
law for filling such vacancy, the Governor shall have power 
to fill such vacancy by granting a commission, which shall 
expire at the end of the next session of the Legislature, or at 
the next election by the people. 

Sec. 9. He may, on extraordinary occasions, convene the 
Legislature by proclamation, stating the purposes for which 
he has convened it, and when so convened it shall have no 
power to legislate on any subjects other than those specified 
in the proclamation, but may provide for the expenses of the 
session and other matters incidental thereto. 

Sec. 10. He shall communicate by message to the Legis¬ 
lature, at every session, the condition of the State, and rec¬ 
ommend such matters as he shall deem expedient. 

Sec. 11. In case of disagreement between the two houses 
with respect to the time of adjournment, the Governor shall 
have power to adjourn the Legislature to such time as he 
may think proper; provided , it be not beyond the time fixed 
for the meeting of the next Legislature. 

Sec. 12. No person shall, while holding any office under 
the United States or this State, exercise the office of Governor 
except as hereinafter expressly provided. 

Sec. 13. There shall be a seal of this State, which shall be 
kept by the Governor, and used by him officially, and shall 
be called “ The Great Seal of the State of California.” 

Sec. 14. All grants and commissions shall be in the name 
and by the authority of The People of the State of California, 
sealed with the great seal of the State, signed by the Governor, 
and countersigned by the Secretary of State. 

Sec. 15. A Lieutenant-Governor shall be elected at the 
same time and places, and in the same manner, as the Gov¬ 
ernor, and his term of office and his qualifications of eligibility 
shall also be the same. He shall be the President of the 
Senate, but shall have only a casting vote therein. If, during 
a vacancy of the office of Governor, the Lieutenant-Governor 
shall be impeached, displaced, resign, die, or become inca¬ 
pable of performing the duties of his office, or be absent from 
the State, the President pro tempore of the Senate shall act 
as Governor until the vacancy be filled or the disability shall 
cease. The Lieutenant-Governor shall be disqualified from 
holding any other office, except as specially provided in this 


To be 

Com mander- 
in-Chief. 

May require 
information. 


Execute the 
laws. 

To fill 

certain 

vacancies. 


May con¬ 
vene the 
Legislature. 


Governor’s 

message. 


May adjourn 
the Legisla¬ 
ture, when. 


Shall have 
seal. 


Form of 
commission. 


Lieutenant- 
Governor ; 
qualifica¬ 
tions and 
duties. 


16 


CONSTITUTION OF THE 


May become 
Governor. 


State execu¬ 
tive officers. 


Secretary of 
State. 


Compensa¬ 
tion of 
executive 
officers. 


Governor 
ineligible to 
U. S. Senate. 


Constitution, during the term for which he shall have been 
elected. 

Sec. 16. In case of the impeachment of the Governor, 
or his removal from office, death, inability to discharge the 
powers and duties of the said office, resignation, or absence 
from the State, the powers and duties of the office shall de¬ 
volve upon the Lieutenant-Governor for the residue of the 
term, or until the disability shall cease. But when the Gov¬ 
ernor shall, with the consent of the Legislature, be out of the 
State in time of war, at the hend of any military force thereof, 
he shall continue Commander-in-Chief of all the military 
force of the State. 

Sec. 17. A Secretary of State, a Controller, a Treasurer, an 
Attorney-General, and a Surveyor-General shall be elected 
at the same time and places, and in the same manner, as*the 
Governor and Lieutenant-Governor, and their terms of office 
shall be the same as that of the Governor. 

Sec. 18. The Secretary of State shall keep a correct record 
of the official acts of the legislative and executive depart¬ 
ments of the government, and shall, when required, lay the 
same, and all matters relative thereto, before either branch 
of the Legislature, and shall perform such other duties as 
may be assigned him by law. 

Sec. 19. The Governor, Lieutenant-Governor, Secretary of 
State, Controller, Treasurer, Attorney-General, and Surveyor- 
General shall, at stated times during their continuance in 
office, receive for their services a compensation which shall 
not be increased or diminished during the term for which 
they shall have been elected, which compensation is hereby 
fixed for the following officers for the two terms next ensuing 
the adoption of this Constitution, as follows: Governor, six 
thousand dollars per annum; Lieutenant-Governor, the same 
per diem as may be provided bj^ law for the Speaker of the 
Assembly, to be allowed only during the session of the Legis¬ 
lature; the Secretary of State, Controller, Treasurer, Attor¬ 
ney-General, and Surveyor-General, three thousand dollars 
each per annum, such compensation to be in full for all ser¬ 
vices by them respectively rendered in any official capacity 
or employment whatsoever during their respective terms of 
office; provided, however, that the Legislature, after the expi¬ 
ration of the terms hereinbefore mentioned, may by law 
diminish the compensation of any or all such officers, but in 
no case shall have the power to increase the same above the 
sums hereby fixed by this Constitution. No salary shall be 
authorized by law for clerical service, in any office provided 
for in this article, exceeding sixteen hundred dollars per an¬ 
num for each clerk employed. The Legislature may, in its 
discretion, abolish the office of Surveyor-General; and none 
of the officers hereinbefore named shall receive for their own 
use any fees or perquisites for the performance of any official 
duty. 

Sec. 20. The Governor shall not, during his term of office, 
be elected a Senator to the Senate of the United States. 


STATE OF CALIFORNIA. 


17 


ARTICLE VI. 

JUDICIAL DEPARTMENT. 

Section 1 . The judicial power of the State shall be vested Consists of 
in the Senate sitting as a Court of Impeachment, in a Supreme what * 
Court, Superior Courts, Justices of the Peace, and such infe¬ 
rior Courts as the Legislature may establish in any incorpo¬ 
rated city, or town, or city and county. 

Sec. 2. The Supreme Court shall consist of a Chief Justice supreme 
and six Associate Justices. The Court may sit in departments eoAsuiutea, 
and in bank, and shall always be open for the transaction a j d “ ode °’ f 
of business. There shall be two departments, denominated, pu,cetuie - 
respectively, Department One and Department Two. The 
Chief Justice shall assign three of the Associate Justices to 
each department, and such assignment may be changed by 
him from time to time. The Associate Justices shall be com¬ 
petent to sit in either department, and may interchange with 
each other by agreement among themselves or as ordered by 
the Chief Justice. Each of the departments shall have the 
power to hear and determine causes and all questions arising 
therein, subject to the provisions hereinafter contained in 
relation to the Court in bank. The presence of three Jus¬ 
tices shall be necessary to transact any business in either of 
tlie departments, except such as may be done at chambers, 
and the concurrence of three Justices shall be necessary to 
pronounce a judgment. The Chief Justice shall apportion 
the business to the departments, and may, in his discretion, 
order any cause pending before the Court to be heard and 
decided by the Court in bank. The order may be made before 
or after judgment pronounced by a department; but where a 
cause has been allotted to one of the departments, and a judg¬ 
ment pronounced thereon, the order must be made within 
thirty days after such judgment and concurred in by two 
Associate Justices, and if so made it shall have the effect to 
vacate and set aside the judgment. Any four Justices may, 
either before or after judgment by a department, order a case 
to be heard in bank. If the order be not made within the 
time above limited, the judgment shall be final. No judg¬ 
ment by a department shall become final until the expiration 
of the period of thirty days aforesaid, unless approved by 
the Chief Justice, in writing, with the concurrence of two 
Associate Justices. The Chief Justice may convene the Court 
in bank at any time, and shall be the presiding Justice of the 
Court when so convened. The concurrence of four Justices 
present at the argument shall be necessary to pronounce a 
judgment in bank; but if four Justices, so present, do not 
concur in a judgment, then all the Justices qualified to sit in 
the cause shall hear the argument; but to render a judgment 
a concurrence of four Judges shall be necessary. In the 
determination of causes, all decisions of the Court in bank or 
in departments shall be given in writing, and the grounds of 
the decision shall be stated. The Chief Justice may sit in 
either department, and shall preside when so sitting, but the 


18 


CONSTITUTION OF THE 


Supreme 

Court 

elected, how. 


Jurisdiction. 


Superior 
Court, juris¬ 
diction of. 


Justices assigned to each department shall select one of their 
number as presiding Justice. In case of the absence of the 
Chief Justice from the place at which the Court is held, or 
his inability to act, the Associate Justices shall select one of 
their own number to perform the duties and exercise the 
powers of the Chief Justice during such absence or inability 
to act. 

Sec. 3 . The Chief Justice and the Associate Justices shall 
be elected by the qualified electors of the State at large at the 
general State elections, at the times and places at which the 
State officers are elected; and the term of office shall be twelve 
years, from and after the first Monday after the first day of 
January next succeeding their election; provided, that the six 
Associate Justices elected at the first election shall, at their 
first meeting, so classify themselves, by lot, that two of them 
shall go out of office at the end of four years, two of them at 
the end of eight years, and two of them at the end of twelve 
years, and an entry of such classification shall be made in 
the minutes of the Court in bank, signed by them, and a 
duplicate thereof shall be filed in the office of the Secretary 
of State. If a vacancy occur in the office of a Justice, the 
Governor shall appoint a person to hold the office until the 
election and qualification of a Justice to fill the vacancy, 
which election shall take place at the next succeeding general 
election, and the Justice so elected shall hold the office for 
the remainder of the unexpired term. The first election of 
the Justices shall be at the first general election after the 
adoption and ratification of this Constitution. 

Sec. 4. The Supreme Court shall have appellate jurisdic¬ 
tion in all cases in equity, except such as arise in Justices’ 
Courts; also, in all cases at law which involve the title or 
possession of real estate, or the legality of any tax, impost, 
assessment, toll, or municipal fine, or in which the demand, 
exclusive of interest, or the value of the property in contro¬ 
versy, amounts to three hundred dollars; also, in cases of for¬ 
cible entry and detainer, and in proceedings in insolvency, 
and in actions to prevent or abate a nuisance, and in all such 
probate matters as may be provided by law; also, in all crim¬ 
inal cases prosecuted by indictment or information in a 
Court of record on questions of law alone. The Court shall 
also have power to issue writs of mandamus,, certiorari, prohi¬ 
bition, and habeas corpus, and all other writs necessary or 
proper to the complete exercise of its appellate jurisdiction. 
Each of the Justices shall have power to issue writs of habeas 
corpus to any part of the State, upon petition by or on behalf 
of any person held in actual custody, and may make such 
writs returnable before himself, or the Supreme Court, or 
before any Superior Court in the State, or before any Judge 
thereof. 

_ Sec. 5. The Superior Court shall have original jurisdic¬ 
tion in all cases in equity, and in all cases at law which 
involve the title or possession of real property, or the legality 
of any tax, impost, assessment, toll, or municipal fine, and 
in all other cases in which the demand, exclusive of interest 
or the value of the property in controversy, amounts to three 


STATE OF CALIFORNIA. 


19 


hundred dollars, and in all criminal cases amounting to 
felony, and cases of misdemeanor not otherwise provided for; 
of actions of forcible entry and detainer; of proceedings in 
insolvency; of actions to prevent or abate a nuisance; of all 
matters of probate; of divorce and for annulment of mar¬ 
riage, and of all such special cases of proceedings as are not 
otherwise provided for. And said Court shall have the power 
of naturalization, and to issue papers therefor. They shall 
have appellate jurisdiction in such cases arising in Justices’ 
and other inferior Courts in their respective counties as may 
be prescribed by law. They shall always be open (legal hol¬ 
idays and non-judicial days excepted), and their process shall 
extend to all parts of the State; 'provided , that all actions for 
the recovery of the possession of, quieting the title to, or for 
the enforcement of liens upon real estate, shall be commenced 
in the county in which the real estate, or any part thereof 
affected hy such action or actions, is situated. Said Courts, 
and their Judges, shall have power to issue writs of man¬ 
damus, certiorari, prohibition, quo warranto, and habeas 
corpus, on petition by or on behalf of any person in actual 
custody in their respective counties. Injunctions and writs 
of prohibition may be issued and served on legal holidays 
and non-judicial days. 

Sec. 6 . There shall be in each of the organized counties, 
or cities and counties, of the State, a Superior Court, for each 
of which at least one Judge shall be elected by the qualified 
electors of the county, or city and county, at the general 
State election; provided , that until otherwise ordered by the 
Legislature, only one Judge shall be elected for the Counties 
of Yuba and Sutter, and that in the City and County of San 
Francisco there shall be elected twelve Judges of the Superior 
Court, any one or more of whom may hold Court. There 
may be as many sessions of said Court, at the same time, as 
there are Judges thereof. The said Judges shall choose from 
their own number a presiding Judge, who may be removed 
at their pleasure. He shall distribute the business of the 
Court among the Judges thereof, and prescribe the order of 
business. The judgments, orders, and proceedings of any 
session of the Superior Court, held by any one or more of the 
Judges’of said Courts, respectively, shall be equally effectual, 
as if all the Judges of said respective Courts presided at such 
session. In each of the Counties of Sacramento, San Joaquin, 
Los Angeles, Sonoma, Santa Clara, and Alameda there shall 
be elected two such Judges. The term of office of Judges of 
the Superior Courts shall be six years from and after the first 
Monday of January next succeeding their election; provided , 
that the twelve Judges of the Superior Court elected in the 
City and County of San Francisco, at the first election held 
under this Constitution, shall at their first meeting so classify 
th'emselves, by lot, that four of them shall go out of office at 
the end of two years, and four of them shall go out of office 
at the end of four years, and four of them shall go out of 
office at the end of six years, and an entry of such classifica¬ 
tion shall be made in the minutes of the Court, signed by 
them, and a duplicate thereof filed in the office of the Secre- 


Superior 
Courts; 
number of, 
and how 
organized. 


20 


CONSTITUTION OF THE 


Number of 
sessions. 


Who may 
try causes. 


Judges not 
to leave the 
State. 


Number 
may be 
increased or 
diminished. 


J udicial 
officers, how 
removed. 


Justices of 
the Peace. 


tary of State. The first election of Judges of the Superior 
Courts shall take place at the first general election held after 
the adoption and ratification of this Constitution. If a 
vacancy occur in the office of Judge of a Superior Court, the 
Governor shall appoint a person to hold the office until the 
election and qualification of a Judge to fill the vacancy, 
which election shall take place at the next succeeding gen¬ 
eral election, and the Judge so elected shall hold office for 
the remainder of the unexpired term. 

Sec. 7. In any county, or city and county, other than the 
City and County of San Francisco, in which there shall be 
more than one Judge of the Superior Court, the Judges of 
such Court may hold as many sessions of said Court at the 
same time as there are Judges thereof, and shall apportion 
the business among themselves as equally as may be. 

Sec. 8. A Judge of any Superior Court may hold a Supe¬ 
rior Court in any county, at the request of a Judge of the 
Superior Court thereof; and upon request of the Governor it 
shall be his duty so to do. But a cause in a Superior Court 
may be tried by^ a Judge pro tempore, who must be a member 
of the bar, agreed upon in writing by the parties litigant or 
their attorneys of record, approved by the Court, and sworn 
to try the cause. 

Sec. 9. The Legislature shall have no power to grant leave 
of absence to any judicial officer; and any such officer who 
shall absent himself from the State for more than sixty con¬ 
secutive days shall be deemed to have forfeited his office. 
The Legislature of the State may, at any lime, two thirds of 
the members of the Senate and two thirds of the members 
of the Assembly voting therefor, increase or diminish the 
number of Judges of the Superior Court in any county, or 
city and county, in the State; 'provided , that no such reduc¬ 
tion shall affect any Judge who has been elected. 

Sec. 10. Justices of the Supreme Court and Judges of the 
Superior Courts may be removed by concurrent resolution 
of both houses of the Legislature, adopted by a two-thirds 
vote of each house. All other judicial officers, except Justices 
of the Peace, may be removed by the Senate on the recom¬ 
mendation of the Governor, but no removal shall be made 
by virtue of this section, unless the cause thereof be entered 
on the Journal, nor unless the party complained of has been 
served with a copy of the complaint against him, and shall 
have had an opportunity of being heard in his defense. On 
the question of removal, the ayes and noes shall be entered 
on the Journal. 

Sec. 11. The Legislature shall determine the number of 
Justices of the Peace to be elected in townships, incorporated 
cities and towns, or cities and counties, and shall fix by law 
the powers, duties, and responsibilities of Justices of the 
Peace; provided , such powers shall not in any case trench 
upon the jurisdiction of the several Courts of record, except 
that said Justices shall have concurrent jurisdiction with 
the Superior Courts in cases of forcible entry and detainer, 
where the rental value does not exceed twenty-five dollars 
per month, and where the whole amount of damages claimed 


STATE OF CALIFORNIA. 


21 


does not exceed two hundred dollars, and in cases to enforce 
and foreclose liens on personal property when neither the 
amount of the liens nor the value of the property amounts 
to three hundred dollars. 

Sec. 12. The Supreme Court, the Superior Courts, and courts of 
such other Courts as the Legislature may prescribe, shall be record - 
Courts of record. 

Sec. 13. The Legislature shall fix by law the jurisdiction Jurisdiction 
of any inferior Courts which may be established in pursu- c£££ rior 
ance of section one of this article, and shall fix by law the 
powers, duties, and responsibilities of the Judges thereof. 

Sec. 14. The Legislature shall provide for the election of cierksof 
a Clerk of the Supreme Court, and shall fix by law his duties Gourts ‘ 
and compensation, which compensation shall not be in¬ 
creased or diminished during the term for which he shall 
have been elected. The County Clerks shall be ex officio 
Clerks of the Courts of record in and for their respective 
counties, or cities and counties. The Legislature may also 
provide for the appointment, by the several Superior Courts, 
of one or more Commissioners in their respective counties, 
or cities and counties, with authority to perform chamber 
business of the Judges of the Superior Courts, to take deposi¬ 
tions, and perform such other business connected with the 
administration of justice as may be prescribed by law. 

Sec. 15. No judicial officer, except Justices of the Peace Fees, 
and Court Commissioners, shall receive to his own use any 
fees or perquisites of office. 

Sec. 16. The Legislature shall provide for the speedy pub- Publication 
lication of such opinions of the Supreme Court as it may deem ot opimon,5 ‘ 
expedient, and all opinions shall be free for publication by 
any person. 

Sec. 17. The Justices of the Supreme Court and Judges of salaries, 
the Superior Courts shall severalty, at stated times during 
their continuance in office, receive for their services a com¬ 
pensation which shall not be increased or diminished after 
their election, nor during the term for which they shall have 
been elected. The salaries of the Justices of the Supreme 
Court shall be paid by the State. One half of the salary of 
each Superior Court Judge shall be paid by the State; the 
other half thereof shall be paid by the county for which he 
is elected. During the term of the first Judges elected under 
this Constitution, the annual salaries of the Justices of the 
Supreme Court shall be six thousand dollars each. Until 
otherwise changed by the Legislature, the Superior Court 
Judges shall receive an annual salary of three thousand dol¬ 
lars each, payable monthly, except the Judges of the City 
and County of San Francisco, and the Counties of Alameda, 

San Joaquin, Los Angeles, Santa Clara, Yuba and Sutter 
combined, Sacramento, Butte, Nevada, and Sonoma, who 
shall receive four thousand dollars each. 

Sec. 18 . The Justices of the Supreme Court and Judges of ineligible to 
the Superior Courts shall be ineligible to any other office or during t^rm. 
public employment than a judicial office or employment 
during the term for which they shall have been elected. 


22 


CONSTITUTION OF THE 


Charge to 
jury. 


Style of 
process. 


Supreme 

Court 

Reporter. 


Judges shall 
not practice 
law. 

Eligibility 
to office. 


Condition of 

receiving 

salary. 


Who may 
pardon. 


Sec. 19. Judges shall not charge juries with respect to 
matters of fact, but may state the testimony and declare the 
law. 

Sec. 20. The style of all process shall be, “The People of 
the State of California,” and all prosecutions shall be con¬ 
ducted in their name and by their authority. 

Sec. 21. The Justices shall appoint a Reporter of the de¬ 
cisions of the Supreme Court, who shall hold his office and 
be removable at their pleasure. He shall receive an annual 
salary not to exceed twenty-five hundred dollars, payable 
monthly. 

Sec. 22. No Judge of a Court of record shall practice law 
in any Court of this State during his continuance in office. 

Sec. 23. No one shall be eligible to the office of Justice of 
the Supreme Court, or to the office of Judge of a Superior 
Court, unless he shall have been admitted to practice before 
the Supreme Court of the State. 

Sec. 24. No Judge of a Superior Court, nor of the Supreme 
Court, shall, after the first day of July, one thousand eight 
hundred and eighty, be allowed to draw or receive any 
monthly salary unless he shall take and subscribe to an affi¬ 
davit before an officer entitled to administer oaths, that no 
cause in his Court remains undecided that has been sub¬ 
mitted for decision for the period of ninety days. 

ARTICLE VII. 

PARDONING POWER. 

Section 1 . The Governor shall have the power to grant 
reprieves, pardons, and commutations of sentence, after con¬ 
viction, for all offenses except treason and cases of impeach¬ 
ment, upon such conditions, and with such restrictions and 
limitations, as he may think proper, subject to such regula¬ 
tions as may be provided by law relative to the manner of 
applying for pardons. Upon conviction for treason, the 
Governor shall have power to suspend the execution of the 
sentence until the case shall be reported to the Legislature at 
its next meeting, when the Legislature shall either pardon, di¬ 
rect the execution of the sentence, or grant a further reprieve. 
The Governor shall communicate to the Legislature, at the 
beginning of every session, every case of reprieve or pardon 
granted, stating the name of the convict, the crime for which 
he was convicted, the sentence, its date, the date of the par¬ 
don or reprieve, and the reasons for granting the same. 
Neither the Governor nor the Legislature shall have power 
to grant pardons, or commutations of sentence, in any case 
where the convict has been twice convicted of felony, unless 
upon the written recommendation of a majority of the Judges 
of the Supreme Court. 


STATE OF CALIFORNIA. 


23 


ARTICLE VIII. 

MILITIA. 

Section 1. The Legislature shall provide, by law, for or- Militia, how 
ganizing and disciplining the militia, in such manner as it organized - 
may deem expedient, not incompatible with the Constitu¬ 
tion and laws of the United States. Officers of the militia 
shall be elected or appointed in such manner as the Legisla¬ 
ture shall, from time to time, direct, and shall be commis¬ 
sioned by the Governor. The Governor shall have power to Governor 
call forth the militia to execute the laws of the State, to sup- may can out. 
press insurrections, and impel invasions. 

Sec. 2. All military organizations provided for by this Flag. 
Constitution, or any law of this State, and receiving State 
support, shall, while under arms, either for ceremony or duty, 
carry no device, banner, or flag of any State or nation, except 
that of the United States or the State of California. 

ARTICLE IX. 

EDUCATION. 

Section 1. A general diffusion of knowledge and intelli- Education 
gence being essential to the preservation of the rights and encouraged, 
liberties of the people, the Legislature shall encourage by all 
suitable means the promotion of intellectual, scientific, moral, 
and agricultural improvement. 

Sec. 2. A Superintendent of Public Instruction shall, at State Super- 
each gubernatorial election after the adoption of this Consti- of 

tution, be elected by the qualified electors of the State. He instruction, 
shall receive a salary equal to that of the Secretary of State, 
and shall enter upon the duties of his office on the first 
Monday after the first day of January next succeeding his 
election. 

Sec. 3. A Superintendent of Schools for each county shall county su- 
be elected by the qualified electors thereof at each guberna- S? r s?hoo£ nt 
torial election; provided , that the Legislature may authorize 
two or more counties to unite and elect one Superintendent 
for the counties so uniting. 

Sec. 4. The proceeds of all lands that have been or may Lands appro- 
be granted by the United States to this State for the support ]£|^* rt 
of common schools, which may be, or may have been, sold of schools, 
or disposed of, and the five hundred thousand acres of land 
granted to the new States under an Act of Congress distrib¬ 
uting the proceeds of the public lands among the several 
States of the Union, approved A. D. one thousand eight hun¬ 
dred and forty-one, and all estates of deceased persons who 
may have died without leaving a will or heir, and also such 
per cent as may be granted, or may have been granted, by 
Congress on the sale of lands in this State, shall be and 
remain a perpetual fund, the interest of which, together with 
all the rents of the unsold lands and such other means as 


24 


CONSTITUTION OF THE 


Free school 
in every 
district. 


The public 

school 

system. 


State 

text-books. 


Sectarian¬ 

ism. 


State 

University. 


the Legislature may provide, shall be inviolably appropriated 
to the support of common schools throughout the State. 

Sec. 5. The Legislature shall provide for a system of com¬ 
mon schools by which a free school shall be kept up and 
supported in each district at least six months in every year,, 
after the first year in which a school has been established. 

Sec. 6 . The public school system shall include primary 
and grammar schools, and such high schools, evening schools, 
normal schools, and technical schools, as may be established 
by the Legislature, or by municipal or district authority; but 
the entire revenue derived from the State School Fund, and 
the State school tax, shall be applied exclusively to the sup¬ 
port of primary, and grammar schools. 

Sec. 7. The Governor, Superintendent of Public Instruc¬ 
tion, and the Principals of the State Normal. Schools, shall 
constitute the State Board of Education, and shall compile, 
or cause to be compiled, and adopt a uniform series of text¬ 
books for use in the common schools throughout the State. 
The State Board may cause such text-books, when adopted, 
to be printed and published by the Superintendent of State 
Printing, at the State Printing Office, and when so printed 
and published, to be distributed and sold at the cost price of 
printing, publishing, and distributing the same. The text¬ 
books so adopted shall continue in use not less than four 
years; and said State Board shall perform such other duties 
as may be prescribed by law. The Legislature shall provide 
for a Board of Education in each county in the State. The 
County Superintendents and the County Boards of Educa¬ 
tion shall have control of the examination of teachers and 
the granting of teachers’ certificates within their respective 
jurisdictions. [Amendment adopted November 4, 1884.] 

Sec. 8. No public money shall ever be appropriated for 
the support of any sectarian or denominational school, or 
any school not under the exclusive control of the officers of 
the public schools; nor shall any sectarian or denominational 
doctrine be taught, or instruction thereon be permitted, 
directly or indirectly, in any of the common schools of this 
State. 

Sec. 9. The University of California shall constitute a 
public trust, and its organization and government shall be 
perpetually continued in the form and character prescribed 
by the organic Act creating the same, passed March twenty- 
third, eighteen hundred and sixty-eight (and the several 
Acts amendatory thereof), subject only to such legislative 
control as may be necessary to insure compliance with the 
terms of its endowments and the proper investment and 
security of its funds. It shall be entirely independent of all 
political or sectarian influence, and kept free therefrom in 
the appointment of its Regents, and in the administration 
of its affairs; provided , that all the moneys derived from the 
sale of the public lands donated to this State by Act of Con¬ 
gress, approved July second, eighteen hundred and sixty-two 
(and the several Acts amendatory thereof), shall be invested 
as provided by said Acts of Congress, and the interest of said 
moneys shall be inviolably appropriated to the endowment, 


STATE OF CALIFORNIA. 


25 


support, and maintenance of at least one College of Agricult¬ 
ure, where the leading objects shall be (without excluding 
other scientific and classical studies, and including military 
tactics) to teach such branches of learning as are related to 
scientific and practical agriculture and the mechanic arts, in 
accordance with the requirements and conditions of said 
Acts of Congress; and the Legislature shall provide that if, 
through neglect, misappropriation, or any other contingency, 
any portion of the funds so set apart shall be diminished or 
lost, the State shall replace such portion so lost or misappro¬ 
priated, so that the principal thereof shall remain forever 
undiminished. No person shall be debarred admission to 
any of the collegiate departments of the University on ac¬ 
count of sex. 

ARTICLE X. 

STATE INSTITUTIONS AND PUBLIC BUILDINGS. 

Section 1 . There shall be a State Board of Prison Direct- Prison Di- 
ors, to consist of live persons, to be appointed by the Gov- ap C P Sed,° w 
ernor, with the advice and consent of the Senate, who shall and term’ 
hold office for ten years, except that the first appointed shall, 4 office ‘ 
in such manner as the Legislature may direct, be so classified 
that the term of one person so appointed shall expire at the 
end of each two years during the first ten years, and vacan¬ 
cies occurring shall be filled in like manner. The appointee 
to a vacancy, occurring before the expiration of a term, shall 
hold office only for the unexpired term of his predecessor. 

The Governor shall have the power to remove either of the 
Directors for misconduct, incompetency, or neglect of duty, 
after an opportunity to be heard upon written charges. 

Sec. 2. The Board of Directors shall have the charge and Powers and 
superintendence of the State Prisons, and shall possess such duties - 
powers and perform such duties, in respect to other penal 
and reformatory institutions of the State, as the Legislature 
may prescribe. 

Sec. 3. The Board shall appoint the Warden and Clerk, 
and determine the other necessary officers of the prisons. 

The Board shall have power to remove the Wardens and 
Clerks for misconduct, incompetency, or neglect of duty.. All 
other officers and employes of the prisons shall be appointed 
by the Warden thereof, and be removed at his pleasure. 

Sec. 4. The members of the Board shall receive no com- Com pen sa- 
pensation, other than reasonable traveling and other expenses tion - 
incurred while engaged in the performance of official duties, 
to be audited as the Legislature may direct. 

Sec. 5. The Legislature shall pass such laws as may be Acts of 
necessary to further define and regulate the powers and duties Legiskture - 
of the Board, Wardens, and Clerks, and to carry into effect 
the provisions of this article. 

Sec. 6. After the first day of January, eighteen hundred convict 
and eighty-two, the labor of convicts shall not be let out by labor - 
contract to any person, copartnership, company, or corpo¬ 
ration, and the Legislature shall, by law, provide for the 
working of convicts for the benefit of the State. 


26 


CONSTITUTION OF THE 


Counties 

recognized. 

County seat 
removed. 


Establish¬ 
ment of new 
counties. 


System of 
county gov¬ 
ernments. 


County 

officer's. 


Special 

municipal 

corporations 

prohibited. 


ARTICLE XI. 

CITIES, COUNTIES, AND TOWNS. 

Section 1 . The several counties, as they now exist, are 
hereby recognized as legal subdivisions of this State. 

Sec. 2. No county seat shall be removed unless two thirds 
of the qualified electors of the county, voting on the propo¬ 
sition at a general election, shall vote in favor of such 
removal. A proposition of removal shall not be submitted 
in the same county more.than once in four years. 

Sec. 3. No new county shall be established which shall 
reduce any county to a population of less than eight thou¬ 
sand; nor shall a new county be formed containing a less 
population than five thousand, nor shall any line thereof 
pass within five miles of the county seat of any county pro¬ 
posed to be divided. Every county which shall be enlarged 
or created from territory taken from any other county or 
counties, shall be liable for a just proportion of the existing 
debts and liabilities of the county or counties from which 
such territory shall be taken. 

Sec. 4. The Legislature shall establish a system of county 
governments which shall be uniform throughout the State; 
and by general laws shall provide for township organization, 
under which any county may organize whenever a majority 
of the qualified electors of such county, voting at a general 
election, shall so determine; and whenever a county shall 
adopt township organization, the assessment and collection 
of the revenue shall be made and the business of such county 
and the local affairs of the several townships therein shall be 
managed and transacted in the manner prescribed by such 
general laws. 

Sec. 5. The Legislature, by general and uniform laws, 
shall provide for the election or appointment, in the several 
counties, of Boards of Supervisors, Sheriffs, County Clerks, 
District Attorneys, and such other county, township, and 
municipal officers as public convenience may require, and 
shall prescribe their duties, and fix their terms of office. It 
shall regulate the compensation of all such officers, in propor¬ 
tion to duties, and for this purpose may classify the counties 
by population; and it shall provide for the strict accounta¬ 
bility of county and township officers for all fees which may 
be collected by them, and for all public and municipal moneys 
which may be paid to them, or officially come into their pos¬ 
session. 

Sec. 6. Corporations for municipal purposes shall not be 
created by special laws; but the Legislature, by general laws, 
shall provide for the incorporation, organization, and classi¬ 
fication, in proportion to population, of cities and towns, 
which laws may be altered, amended, or repealed. Cities and 
towns heretofore organized or incorporated may become 
organized under such general laws whenever a majority of the 
electors voting at a general election shall so determine, and 
shall organize in conformity therewith; and cities or towns 


STATE OF CALIFORNIA. 


heretofore or hereafter organized, and all charters thereof 
framed or adopted by authority of this Constitution, shall be 
subject to and controlled by general laws. 

Sec.. 7. City and county governments may be merged and consoiida- 
consolidated into one municipal government, with one set of county 
officers,, and may be incorporated under general laws pro- s° vern - 
viding for the incorporation and organization of corporations niunts * 
for municipal purposes. The provisions of this Constitution 
applicable to cities, and also those applicable to counties, so 
far as not inconsistent or not prohibited to cities, shall be 
applicable to such consolidated government. In consolidated 
city and county governments, of more than one hundred 
thousand population, there shall be two Boards of Super¬ 
visors or houses of legislation—one of which, to consist of 
twelve persons, shall be elected by general ticket from the 
city and county at large, and shall hold office for the term of 
four years, but shall be so classified that after the first elec¬ 
tion only six shall be elected every two years; the other, to 
consist of twelve persons, shall be elected every two years, 
and shall hold office for the term of two years. Any vacancy 
occurring in the office of Supervisor, in either Board, shall 
be filled by the Mayor or other chief executive officer. 

Sec. 8. Any city containing a population of more than one More than 
hundred thousand inhabitants may frame a charter for its Jnhfbitants 
own government, consistent with and subject to the Constitu¬ 
tion and laws of this State, by causing a Board of fifteen free- Election of 
holders, who shall have been for at least five years qualified Freeholders, 
electors thereof, to be elected by the qualified voters of such 
city, at any general or special election, whose duty it shall Time to pro¬ 
be, within ninety days after such election, to prepare and P arecharter - 
propose a charter for such city, which shall be signed in 
duplicate by the members of such Board, or a majority of 
them, and returned, one copy thereof to the Mayor, or other whereto be 
chief executive officer of such city, and the other to the filed - 
Recorder of deeds of the county. Such proposed charter Publication 
shall then be published in two daily papers of general circu- ofcharter - 
lation in such city for at least twenty days, and within not Submission 
less than thirty days after such publication it shall be sub- otcbarter - 
mitted to the qualified electors of such city at a general or 
special election, and if a majority of such qualified electors 
voting thereat shall ratify the same, it shall thereafter be sub- submit to 
mitted to the Legislature for its approval or rejection as a Le s islature - 
whole, without power of alteration or amendment, and if 
approved by a majority vote of the members elected to each 
house, it shall become the charter of such city, or if such city 
be consolidated with a county, then of such city and county, 
and shall become the organic law thereof, and supersede any 
existing charter and all amendments thereof, and all special 
laws inconsistent with such charter. A copy of such charter, where 
certified by the Mayor or chief executive officer, and authenti- be a med. milst 
cated by the seal of such city, setting forth the submission of 
such charter to the electors and its ratification by them, 
shall be made in duplicate and deposited, one in the office of 
the Secretary of State, the other, after being recorded in the 
office of the Recorder of deeds of the county, among the 


28 


CONSTITUTION OF THE 


May be 
amended by 
election. 


Population 
over 10,000 
and less than 
100,000. 


Election of 
freeholders. 


Time to pre¬ 
pare charter. 


Where to be 
filed. 

Publication 
of charter. 


Submission 
of charter. 


Submit to 
Legislature. 


Where 
charter must 
be filed. 


May be 
amended by 
election. 


archives of the city; all Courts shall take judicial notice 
thereof. The charter so ratified may be amended at inter¬ 
vals of not less than two years, by proposals therefor, sub¬ 
mitted by legislative authority of the city to the qualified 
voters thereof, at a general or special election held at least 
sixty days after the publication of such proposals, and ratified 
by at least three fifths of the qualified electors voting thereat, 
and approved by the Legislature as herein provided for the 
approval of the charter. In submitting any such, charter, or 
amendment thereto, any alternative article or proposition 
may be presented for the choice of the voters, and may be 
voted on separately without prejudice to others. Any city 
containing a population of more than ten thousand and not 
more than one hundred thousand inhabitants, may frame a 
charter for its own government, consistent with and subject 
to the Constitution and laws of this State, by causing a Board 
of fifteen freeholders, who shall have been for at least five 
years qualified electors thereof, to be elected by the qualified 
voters of said city, at any general or special election, whose 
duty it shall be, within ninety* days after such election, to 
prepare and propose a charter for such city, which shall be 
signed in duplicate by the members of such Board, or a ma¬ 
jority of them, and returned, one copy thereof to the Mayor, 
or other chief executive of said city, and the other to the 
Recorder of the county. Such proposed charter shall then 
be published in two daily papers of general circulation in 
such city, for at least twenty days; and the first publication 
shall be made within twenty days after the completion of the 
charter; and within not less than thirty days after such pub¬ 
lication it shall be submitted to the qualified electors of said 
city, at a general or special election, and if a majority of such 
qualified electors voting thereat shall ratify the same, it shall 
thereafter be submitted to the Legislature for its approval or 
rejection as a whole, without power of alteration or amend¬ 
ment; and if approved by a majority vote of the members 
elected to each house it shall become the charter of such city, 
and the organic law thereof, and shall supersede any existing 
charter, and any amendments thereof, and all special laws 
inconsistent with such charter. A copy of such charter, certi¬ 
fied by the Mayor or chief executive officer, and authenti¬ 
cated by the seal of such city, setting forth the submission of 
such charter to the electors, and its ratification by them, 
shall be made in duplicate, and deposited, one in the office 
of Secretary of State, and the other, after being recorded in 
said Recorder’s office, shall be deposited in the archives of 
the city; and thereafter all Courts shall take judicial notice 
of said charter. The charter so ratified may be amended, at 
intervals of not less than two years, by proposals therefor, 
submitted by the legislative authority of the city to the quali¬ 
fied electors thereof, at a general or special election held at 
least sixty days after the publication of such proposals, and 
ratified by at least three fifths of the qualified electors voting 
thereat, and approved by the Legislature as herein provided 
for the approval of the charter. In submitting any such 
charter, or amendment thereto, any alternative article or 


STATE OF CALIFORNIA. 


29 


proposition may be presented for the choice of the voters, 
and may be voted on separately without prejudice to others. 
[Amendment adopted April 12, 1887.] 

Sec. 9. The compensation of any county, city, town , Or Compensa- 
municipal officer shall not be increased after his election or Seers not to 
during his term of office; nor shall the term of any such offi- be increased, 
cer be extended beyond the period for which he is elected or 
appointed. 

Sec. 10. No county, city, town, or other public or munici- Taxes not to 
pal corporation, nor the inhabitants thereof, nor the property bereleased - 
therein, shall be released or discharged from its or their pro¬ 
portionate share of taxes to be levied for State purposes, nor 
shall commutation for such taxes be authorized in any form 
whatsoever. 

Sec. 11. Any county, city, town, or township may make Make and 
and enforce within its limits all such local, police, sanitary, SSuJwb. 
and other regulations as are not in conflict with general laws. 

Sec. 12. The Legislature shall have no power to impose Legislature 
taxes upon counties, cities, towns, or other public or munici- Bocai tax 
pal corporations, or upon the inhabitants or property thereof, purposes, 
for county, city, town, or other municipal purposes, but may, 
by general laws, vest in the corporate authorities thereof the 
power to assess and collect taxes for such purposes. 

Sec. 13. The Legislature shall not delegate to any special Municipal 
commission, private corporation, company, association, or b °7to be 
Individual, any power to make, control, appropriate, super- delegated, 
vise, or in any way interfere with, any county, city, town, or 
municipal improvement, money, property, or effects, whether 
held in trust or otherwise, or to levy taxes or assessments, or 
perform any municipal functions whatever. 

Sec. 14. No State office shall be continued or created in state officers 
-any county, city, town, or other municipality,- for the in- SYnSJofs 
spection, measurement, or graduation of any merchandise, merohan- 
manufacture, or commodity; but such county, city, town, or dlse ' 
municipality may, when authorized by general law, appoint 
such officers. 

Sec. 15. Private property shall not be taken or sold for property no t 
the payment of the corporate debt of any political or muni- liablef ° r 
cipal corporation. debt. 

Sec. 16. All moneys, assessments, and taxes belonging to Treasurert0 
or collected for the use of any county, city, town, or other be custodian 
public or municipal corporation, coming into the hands of moneys, 
any officer thereof, shall immediately be deposited with the 
Treasurer, or other legal depository, to the credit of such city, 
town, or other corporation respectively, for the benefit of the 
funds to which they respectively belong. 

Sec. 17. The making of profit out of county, city, town, or Use of pub- 
other public money, or using the same for any purpose not ^ “Scera a 
authorized by law, by any officer having the possession or felony, 
control thereof, shall be a felony, and shall be prosecuted 
and punished as prescribed by law. 

Sec. 18. No county, city, town, township, Board of Edu- Two-thirds 
cation, or school district shall incur any indebtedness or lia- Sncm Uned 
bility in any manner, or for any purpose, exceeding in any 
year the income and revenue provided for it for such year, nual income. 


30 


CONSTITUTION OP THE 


Public 
works by 
individuals. 


Corpora¬ 
tions, how 
formed and 
regulated. 


Dues to be 
secured,how. 


Liability of 

stockholders 

and 

directors. 


“Corpora¬ 

tions” 

explained. 


Eights of 
suit. 


without the assent of two thirds of the qualified electors 
thereof, voting at an election to be held for that purpose, nor 
unless, before or at the time of incurring such indebtedness, 
provision shall be made for the collection of an annual tax 
sufficient to pay the interest on such indebtedness as it falls 
due, and also to constitute a sinking fund for the payment of 
the principal thereof within twenty years from the time of 
contracting the same. Any indebtedness or liability incurred 
contrary to this provision shall be void. 

Sec. 19. In any city where there are no public works 
owned and controlled by the municipality for supplying the 
same with water or artificial light, any individual, or any 
company duly incorporated for such purpose under and by 
authority of the laws of this State, shall, under the direction 
of the Superintendent of Streets, or other officer in control 
thereof, and under such general regulations as the municipal¬ 
ity may prescribe for damages and indemnity for damages, 
have the privilege of using the public streets and thorough¬ 
fares thereof, and of laying down pipes and conduits therein, 
and connections therewith, so far as may be necessary for 
introducing into and supplying such city and its inhabitants 
either with gaslight or other illuminating light, or with fresh 
water for domestic and all other purposes, upon the condition 
that the municipal government shall have the right to regu¬ 
late the charges thereof. [Amendment adopted November 4, 
1884.] 

ARTICLE XII. 

CORPORATIONS. 

Section 1 . Corporations may be formed under general 
laws, but shall not be created by special Act. All laws now 
in force in this State concerning corporations, and all laws 
that may be hereafter passed pursuant to this section, may 
be altered from time to time or repealed. 

Sec. 2. Dues from corporations shall be secured by such 
individual liability of the corporators and other means as 
may be prescribed by law. 

Sec. 3. Each stockholder of a corporation, or joint-stock 
association, shall be individually and personally liable for 
such proportion of all its debts and liabilities contracted or 
incurred, during the time he was a stockholder, as the amount 
of stock or shares owned by him bears to the whole of the 
subscribed capital stock or shares of the corporation or asso¬ 
ciation. The directors or trustees of corporations and joint- 
stock associations shall be jointly and severally liable to the 
creditors and stockholders for all moneys embezzled or mis¬ 
appropriated by the officers of such corporation or joint-stock 
association, during the term of such director or trustee. 

Sec. 4. The term corporations, as used in this article, shall 
be construed to include all associations and joint-stock com¬ 
panies having any of the powers or privileges of corporations 
not possessed by individuals or partnerships, and all corpo¬ 
rations shall have the right to sue and shall be subject to be 
sued, in all Courts, in like cases as natural persons. 


STATE OF CALIFORNIA. 


31 


Sec. 5. The Legislature shall have no power to pass any 
Act granting any charter for banking purposes, but corpora¬ 
tions or associations may be formed for such purposes under 
general laws. No. corporation, association, or individual 
shall issue or put into circulation, as money, anything but 
the lawful money of the United States. 

Sec. 6. All existing charters, grants, franchises, special or 
exclusive, privileges, under which an actual and bona fide 
organization shall not have taken place, and business been 
commenced in good faith, at the time of the adoption of this 
Constitution, shall thereafter have no validity. 

Sec. 7. The Legislature shall not extend any franchise or 
charter nor remit the forfeiture of any franchise or charter of 
any corporation now existing, or which shall hereafter exist 
under the laws of this State. 

Sec. 8 . The exercise of the right of eminent domain shall 
never be so abridged or construed as to prevent the Legisla¬ 
ture from taking the property and franchises of incorporated 
companies and subjecting them to public use the same as the 
property of individuals, and the exercise of the police power 
of the State shall never be so abridged or construed as to per¬ 
mit corporations to conduct their business in such manner 
as to infringe the rights of individuals or the general well¬ 
being of the State. 

Sec. 9. No corporation shall engage in any business other 
than that expressly authorized in its charter, or the law under 
which it may have been or may hereafter be organized; nor 
shall it hold for a longer period than five years any real estate 
except such as may be necessary for carrying on its business. 

Sec. 10. The Legislature shall not pass any laws permit¬ 
ting the leasing or alienation of any franchise, so as to relieve 
the franchise or property held thereunder from the liabilities 
of the lessor or grantor, lessee or grantee, contracted or in¬ 
curred in the operation, use, or enjoyment of such franchise, 
or any of its privileges. 

Sec. 11. No corporation shall issue stock or bonds, except 
for money paid, labor done, or property actually received, 
and all fictitious increase of stock or indebtedness shall be 
void. The stock and bonded indebtedness of corporations 
shall not be increased except in pursuance of general law, 
nor without the consent of the persons holding the larger 
amount in value of the stock, at a meeting called for that 
purpose, giving sixty days 7 public notice, as may be provided 
by law. 

Sec. 12. In all elections for directors or managers of cor¬ 
porations every stockholder shall have the right to vote, in 
person or by proxy, the number of shares of stock owned by 
him, for as many persons as there are directors or managers 
to be elected, or to cumulate said shares and give one candi¬ 
date as many votes as the number of directors multiplied by 
the number of his shares of stock shall equal, or to distribute 
them, on the same principle, among as many candidates as 
he may think fit; and such directors or managers shall not 
be elected in any other manner, except that members of 
cooperative societies formed for agricultural, mercantile, and 


Banks not to 
be chartered. 


Repeal of 

existing 

charters. 


Franchise 
not to be 
extended nor 
forfeiture 
remitted. 

Property of 
corporations 
subject to 
same laws as 
individual 
property. 


Limitation 
of the 
business of 
corporations. 


Owners of 
franchises 
not to be 
released by 
transfer. 


Issuance of 
stock. 


Directors, 
how elected. 


32 


CONSTITUTION OF THE 


State credit 
may not be 
loaned. 


Shall have 
office in the 
State. 


Record of 
stocks open 
for inspec¬ 
tion. 


Foreign 

corporations. 


Where a 
corporation 
may be sued. 


Common 

carriers, 

duties. 


Interest of 
an officer 
or agent 
limited. 


Public 
officers may 
not receive 
passes. 


Earnings 
not to be 
shared. 


manufacturing purposes may vote on all questions affecting 
such societies in manner prescribed by law. 

Sec. 13. * The State shall not in any manner loan its credit, 
nor shall it subscribe to or be interested in the stock of any 
company, association, or corporation. 

Sec. 14. Every corporation, other than religious, educa¬ 
tional, or benevolent, organized or doing business in this 
State, shall have and maintain an office or place in this State 
for the transaction of its business, where transfers of stock 
shall be made, and in which shall be kept for inspection, by 
every person having an interest therein, and legislative com¬ 
mittees, books in which shall be recorded the amount of cap¬ 
ital stock subscribed, and by whom; the names of the owners 
of its stock, and the amounts owned by them respectively; 
the amount of stock paid in, and by whom; the transfers of 
stock; the amount of its assets and liabilities, and the names 
and place of residence of its officers. 

Sec. 15. No corporation organized outside the limits of 
this State shall be allowed to transact business within this 
State on more favorable conditions than are prescribed by 
law to similar corporations organized under the laws of this 
State. 

Sec. 16. A corporation or association may be sued in the 
county where the contract is made or is to be performed, or 
where the obligation or liability arises, or the breach occurs; 
or in the county where the principal place of business of such 
corporation is situated, subject to the power of the Court to 
change the place of trial as in other cases. 

Sec. 17. All railroad, canal, and other transportation com¬ 
panies are declared to be common carriers, and subject to 
legislative control. Any association or corporation, organ¬ 
ized for the purpose, under the laws of this State, shall have 
the right to connect at the State line with railroads of other 
States. Every railroad company shall have the right with 
its road to intersect, connect with, or cross any other railroad, 
and shall receive and transport each the other’s passengers, 
tonnage, and cars, without delay or discrimination. 

Sec. 18. No president, director, officer, agent, or employe 
of any railroad or canal company shall be interested, directly 
or indirectly, in the furnishing of material or supplies to such 
company, nor in the business of transportation as a common 
carrier of freight or passengers over the works owned, leased, 
controlled, or worked by such company, except such interest 
in the business of transportation as lawfully flows from the 
ownership of stock therein. 

Sec. 19. No railroad or other transportation company 
shall grant free passes, or passes or tickets at a discount, to 
any person holding any office of honor, trust, or protit in this 
State; and the acceptance of any such pass or ticket by a 
member of the Legislature or any public officer, other than 
Railroad Commissioner, shall work a forfeiture of his office. 

Sec. 20. No railroad company or other common carrier 
shall combine or make any contract with the owners of any 
vessel that leaves port or makes port in this State, or with 
any common carrier, by which combination or contract the 


STATE OF CALIFORNIA. 


33 


earnings of one doing the carrying are to be shared by the 
other not doing the carrying. And whenever a railroad cor¬ 
poration shall, for the purpose of competing with any other 
common carrier, lower its rates for transportation of passen¬ 
gers or freight from one point to another, such reduced rates 
shall not be again raised or increased from such standard 
without the consent of the governmental authority in which 
shall be vested the power to regulate fares and freights. 

Sec. 21. No discrimination in charges or facilities for 
transportation shall be made by any railroad or other trans¬ 
portation company between places or persons, or in the facil¬ 
ities for the transportation of the same classes of freight or 
passengers within this State, or coming from or going to any 
other State. Persons and property transported over any rail¬ 
road, or by any other transportation company or individual, 
shall be delivered at any station, landing, or post, at charges 
not exceeding the charges for the transportation of persons 
and property of the same class, in the same direction, to any 
more distant station, port, or landing. Excursion and com¬ 
mutation tickets may be issued at special rates. 

Sec. 22. The State will be divided into three districts as 
nearly equal in population as practicable, in each of which 
one Railroad Commissioner shall be elected by the qualified 
electors thereof at the regular gubernatorial elections, whose 
salary shall be fixed by law, and whose term of office shall 
be four years, commencing on the first Monday after the first 
day of January next succeeding their election. Said Com¬ 
missioners shall be qualified electors of this State and of the 
district from which they are elected, and shall not be inter¬ 
ested in any railroad corporation, or other transportation 
company,as stockholder, creditor, agent,attorney, or employe; 
and the act of a majority of said Commissioners shall be 
deemed the act of said Commission. Said Commissioners 
shall have the power, and it shall be their duty, to establish 
rates of charges for the transportation of passengers and 
freight by railroad or other transportation companies, and 
publish the same from time to time, with such changes as 
they may make; to examine the books, records, and papers 
of all railroad and other transportation companies, and for 
this purpose they shall have power to issue subpoenas and 
all other necessary process; to hear and determine complaints 
against railroad and other transportation companies, to send 
for persons and papers, to administer oaths, take testimony, 
and punish for contempt of their orders and processes, in 
the same manner and to the same extent as Courts of record, 
and enforce their decisions and correct abuses through the 
medium of the Courts. Said Commissioners shall prescribe 
a uniform system of accounts to be kept by all such corpora¬ 
tions and companies. Any railroad corporation or transpor¬ 
tation company which shall fail or refuse to conform to such 
rates as shall be established by such Commissioners, or shall 
charge rates in excess thereof, or shall fail to keep their 
accounts in accordance with the system prescribed by the 
Commission, shall be fined not exceeding twenty thousand 
dollars for each offense; and every officer, agent, or employe 


Rates not to 
be increased. 


Discrim¬ 

ination 

forbidden. 


Railroad 
Commission¬ 
ers; number; 
how elected. 


Qualifica¬ 

tions. 


Powers and 
duties. 


Failure to 
conform to 
rates, how 
punished. 


34 


CONSTITUTION OF THE 


Legislature 
mjjiy remove 
Commis¬ 
sioner. 


Constitution 
of railroad 
districts. 


Legislature 

shall 

enforce. 


Property 
taxed accord¬ 
ing to value. 


of any such corporation or company, who shall demand or 
receive rates in excess thereof, or who shall in any manner 
violate the provisions of this section, shall be fined not 
exceeding five thousand dollars, or be imprisoned in the 
county jail not exceeding one year. In all controversies, 
civil or criminal, the rates of fares and freights established 
by said Commission shall be deemed conclusively just and 
reasonable, and in any action against such corporation or 
company for damages sustained by charging excessive rates, 
the plaintiff, in addition to the actual damage, may, in the 
discretion of the Judge or jury, recover exemplary damages. 
Said Commission shall report to the Governor, annually, 
their proceedings, and such other facts as may be deemed 
important. Nothing in this section shall prevent individuals 
from maintaining actions against any of such companies. 
The Legislature may, in addition to any penalties herein 
prescribed, enforce this article by forfeiture of charter or 
otherwise, and may confer such further powers on the Com¬ 
missioners as shall be necessarjr to enable them to perform 
the duties enjoined on them in this and the foregoing section. 
The Legislature shall have power, by a two-thirds vote of all 
the members elected to each house, to remove any one or 
more of said Commissioners from office, for dereliction of 
duty, or corruption, or incompetency; and whenever, from 
any cause, a vacancy in office shall occur in said Commission, 
the Governor shall fill the same by the appointment of a 
qualified person thereto, who shall hold office for the residue 
of the unexpired term, and until his successor shall have 
been elected and qualified. 

Sec. 23. Until the Legislature shall district the State, the 
following shall be the railroad districts: The First District 
shall be composed of the Counties of Alpine, Amador, Butte, 
Calaveras, Colusa, Del Norte, El Dorado, Humboldt, Lake, 
Lassen, Mendocino, Modoc, Napa, Nevada, Placer, Plumas, 
Sacramento, Shasta, Sierra, Siskiyou, Solano, Sonoma, Sutter, 
Tehama, Trinity, Yolo, and Yuba, from which one Railroad 
Commissioner shall be elected. The Second District shall be 
composed of the Counties of Marin, San Francisco, and San 
Mateo, from which one Railroad Commissioner shall be 
elected. The Third District shall be composed of the Coun¬ 
ties of Alameda, Contra Costa, Fresno, Inyo, Kern, Los 
Angeles, Mariposa, Merced, Mono, Monterey, San Benito, San 
Bernardino, San Diego, San Joaquin, San Luis Obispo, Santa 
Barbara, Santa Clara, Santa Cruz, Stanislaus, Tulare, Tuol¬ 
umne, and Ventura, from which one Railroad Commissioner 
shall be elected. 

Sec. 24. The Legislature shall pass all laws necessary for 
the enforcement of the provisions of this article. 

ARTICLE XIII. 

REVENUE AND TAXATION. 

Section L All property in the State, not exempt under 
the laws of the United States, shall be taxed in proportion 


STATE OF CALIFORNIA. 


35 


to its value, to be ascertained as provided by law. The word Property tn- 
“ property,” as used in this article and section, is hereby cludes what * 
declared to include moneys, credits, bonds, stocks, dues, 
franchises, and all other matters and things, real, personal, 
and mixed, capable of private ownership; provided, that 
growing crops, property used exclusively for public schools, 
and such as may belong to the United States, this State, or 
to any county or municipal corporation within this State, 
shall be exempt from taxation. The Legislature may pro¬ 
vide, except in case of credits secured by mortgage or trust 
deed, for a reduction from credits of debts due bona fide resi¬ 
dents of this State. 

Sec. 2. Land, and the improvements thereon, shall be Land, how 
separately assessed. Cultivated and uncultivated land, of assessed - 
the same quality, and similarly situated, shall be assessed at 
the same value. 

Sec. 3. Every tract of land containing more than six hun¬ 
dred and forty acres, and which has been sectionized by the 
United States Government, shall be assessed, for the purposes 
of taxation, by sections or fractions of sections. The Legis¬ 
lature shall provide by law for the assessment, in small tracts, 
of all lands not sectionized by the United States Government. 

Sec. 4. A mortgage, deed of trust, contract, or other obli- Taxation of 
gation by which a debt is secured, shall, for the purpose of SrS? 
assessment and taxation, be deemed and treated as an inter¬ 
est in the property affected thereby. Except as to railroad 
and other quasi-public corporations, in case of debt so secured, 
the value of the property affected by such mortgage, deed of 
trust, contract, or obligation, less the value of such security, 
shall be assessed and taxed to the owner of the property, and 
the value of such security shall be assessed and taxed to the 
owner thereof, in the county, city, or district in which the 
property affected thereby is situate. The taxes so levied shall Effect of 
be a lien upon the property and security, and may be paid 
by either party to such security; if paid by the owner of the security 
security, the tax so levied upon the property affected thereby 
shall become a part of the debt so secured; if the owner of 
the property shall pay the tax so levied on such security, it 
shall constitute a payment thereon, and to the extent of such 
payment, a full discharge thereof; provided, that if any such 
security or indebtedness shall be paid by such debtor or debt¬ 
ors, after assessment and before the tax levy, the amount of 
such levy may likewise be retained by such debtor or debtors, 
and shall be computed according to the tax levy of the pre¬ 
ceding year. 

Sec. 5. Every contract hereafter made, by which a debtor contract to 
is obligated to pay any tax or assessment on money loaned, Eroded 11 
or on any mortgage, deed of trust, or other lien, shall, as to money, void, 
any interest specified therein, and as to such tax or assess¬ 
ment, be null and void. 

Sec. 6. The power of taxation shall never be surrendered rower of 
or suspended by any grant or contract to which the State not to be 
shall be a party. impaired. 


36 


CONSTITUTION OF THE 


Install¬ 

ments. 


Property to 
be certified 
under oath. 


State Board 
of Equaliza¬ 
tion, how 
constituted. 


Duties. 


Controller, a 
member ex 
ofticio. 


Property, by 

whom 

assessed. 


Sec. 7. The Legislature shall have the power to provide 
by law for the payment of all taxes on real property by in¬ 
stallments. 

Sec. 8. The Legislature shall by law require each taxpayer 
in this State to make and deliver to the County Assessor, 
annually, a statement, under oath, setting forth specifically 
all the real and personal property owned by such taxpayer, 
or in his possession, or under his control, at twelve o’clock 
meridian on the first Mondaj^ of March. 

Sec. 9. A State Board of Equalization, consisting of one 
member from each Congressional District in this State, as 
the same existed in eighteen hundred and seventy-nine, shall 
be elected by the qualified electors of their respective districts, 
at the general election to be held in the year one thousand 
eight hundred and eighty-six, and at each gubernatorial elec¬ 
tion thereafter, whose term of office shall be for four years; 
wdiose duty it shall be to equalize the valuation of the taxa¬ 
ble property in the several counties of the State for the pur¬ 
poses of taxation. The Controller of State shall be ex officio 
a member of the Board. The Boards of Supervisors of the 
several counties of the State shall constitute Boards of Equal¬ 
ization for their respective counties, whose duty it shall be to 
equalize the valuation of the taxable property in the county 
for the purpose of taxation; provided , such State and County 
Boards of Equalization are hereby authorized and empow¬ 
ered, under such rules of notice as the County Boards may 
prescribe as to the action of the State Board, to increase or 
lower the entire assessment roll, or any assessment contained 
therein, so as to equalize the assessment of the property con¬ 
tained in said assessment roll, and make the assessment con¬ 
form to the true value in money of the property contained 
in said roll; provided, that no Board of Equalization shall 
raise any mortgage, deed of trust, contract, or other obliga¬ 
tion by which a debt is secured, money, or solvent credits, 
above its face value. The present State Board of Equaliza¬ 
tion shall continue in office until their successors, as herein 
provided for, shall be elected and shall qualify. The Legis¬ 
lature shall have power to redistrict the State into four dis¬ 
tricts, as nearly equal in population as practical, and to 
provide for the elections of members of said Board of Equal¬ 
ization. [Amendment, adopted November 4, 1884.] 

Sec. 10. All property, except as hereinafter in this section 
provided, shall be assessed in the county, city, city and county, 
town, township, or district in which it is situated, in the 
manner prescribed by law. The franchise, roadway, road¬ 
bed, rails, and rolling stock of all railroads operated in more 
than one county in this State shall be assessed by the State 
Board of Equalization at their actual value, and the same 
shall be apportioned to the counties, cities and counties, cities, 
towns, townships, and districts in which such railroads are 
located, in proportion to the number of miles of railway laid 
in such counties, cities and counties, cities, towns, townships, 
and districts. 


i 


STATE OF CALIFORNIA. 


37 


Sec. 11. Income taxes may be assessed to and collected income 
from persons, corporations, joint stock associations, or com- taxes - 
panies resident or doing business in this State, or any one or 
more of them, in such cases and amounts, and in such man¬ 
ner, as shall be prescribed by law. 

Sec. 12. The Legislature shall provide for the levy and Po11 tax. 
collection of an annual poll tax of not less than two dollars, 
on every male inhabitant of this State over twenty-one and 
under sixty years of age, except paupers, idiots, insane per¬ 
sons, and Indians not taxed. Said tax shall be paid into the 
State School Fund. 

Sec. 13. The Legislature shall pass all laws necessary to Legislature 
carry out the provisions of this article. t0 enforce - 

ARTICLE XIV. 

WATER AND WATER RIGHTS. 


Section 1 . The use of all water now appropriated, or that 
may hereafter be appropriated, for sale, rental, or distribu¬ 
tion, is hereby declared to be a public use, and subject to the 
regulation and control of the State, in the manner to be pre¬ 
scribed by law; provided, that the rates or compensation to 
be collected by any person, company, or corporation in this 
State, for the use of water supplied to any city and county, or 
city, or town, or the inhabitants thereof, shall be fixed, an¬ 
nually, by the Board of Supervisors, or City and County, or 
City or Town Council, or other governing body of such city 
and county, or city or town, by ordinance or otherwise, in 
the manner that other ordinances or legislative acts or reso¬ 
lutions are passed by such body, and shall continue in force 
for one year and no longer. Such ordinances or resolutions 
shall be passed in the month of February of each year, and 
take effect on the first day of July thereafter. Any Board 
or body failing to pass the necessary ordinances or resolu¬ 
tions fixing water rates, where necessary, within such time, 
shall be subject to peremptory process to compel action at 
the suit of any party interested, and shall be liable to such 
further processes and penalties as the Legislature may pre¬ 
scribe. Any person, company, or corporation collecting 
water rates in any city and county, or city or town in this 
State, otherwise than as so established, shall forfeit the fran¬ 
chises and waterworks of such person, company, or corpora¬ 
tion to the city and county, or city or town, where the same 
are collected, for the public use. 

Sec. 2. The right to collect rates or compensate for the 
use of water supplied to any county, city and county, or 
town, or the inhabitants thereof, is a franchise, and cannot 
be exercised except by authority of and in the manner pre¬ 
scribed by law. 


Water rights, 
subject to 
control of 
the State. 


Rates to be 
fixed 

annually. ' 


Penalty for 
non-compli¬ 
ance with 
rules. 


Water rights 
a franchise. 


38 


CONSTITUTION OF THE 


Right of the 
State to 
frontages. 


Access to 
navigable 
waters not 
to be 

obstructed. 


Tide lands 
not to be 
sold. 


Liabilities 
exceeding 
$ 300 , 000 , 
how created. 


ARTICLE XV. 

HARBOR FRONTAGES, ETC. 

Section 1 . The right of eminent domain is hereby de¬ 
clared to exist in the State to all frontages on the navigable 
waters of this State. 

Sec. 2. No individual, partnership, or corporation, claim¬ 
ing or possessing the frontage or tidal lands of a harbor, bay, 
inlet, estuary, or other navigable water in this State, shall be 
permitted to exclude the right of way to such water when¬ 
ever it is required for any public purpose, nor to destiny or 
obstruct the free navigation of such water; and the Legisla¬ 
ture shall enact such laws as will give the most liberal con¬ 
struction to this provision, so that access to the navigable 
waters of this State shall be always attainable for the people 
thereof. 

Sec. 3. All tide lands within two miles of any incorpo¬ 
rated city or town of this State and fronting on the waters of 
any harbor, estuary, bay, or inlet, used for the purposes of 
navigation, shall be withheld from grant or sale to private 
persons, partnerships, or corporations. 


ARTICLE XVI. 

STATE INDEBTEDNESS. 

Section 1 . The Legislature shall not, in any manner, 
create any debt or debts, liability or liabilities, which shall, 
singly or in the aggregate with any previous debts or liabili¬ 
ties, exceed the sum of three hundred thousand dollars, 
except in case of war to repel invasion or suppress insurrec¬ 
tion, unless the same shall be authorized by law for some 
single object or work to be distinctly specified therein, which 
law shall provide ways and means, exclusive of loans, for the 
payment of the interest of such debt or liability as it falls due, 
and also to pay and discharge the principal of such debt or 
liability within twenty years of the time of the contracting 
thereof, and shall be irrepealable until the principal and in¬ 
terest thereon shall be paid and discharged ; but no such law 
shall take effect until, at a general election, it shall have been 
submitted to the people and shall have received a majority of 
all the votes cast for and against it at such election; and all 
moneys raised by authority of such law shall be applied only 
to the specific object therein stated, or to the payment of the 
debt thereby created, and such law shall be published in at 
least one newspaper in each county, or city and county, if 
one be published therein, throughout the State, for three 
months next preceding the election at which it is submitted 
to the people. The Legislature may at any time after the 
approval of such law by the people, if no debt shall have 
been contracted in pursuance thereof, repeal the same. 


STATE OF CALIFORNIA. 


39 


ARTICLE XVII. 

LAND AND HOMESTEAD EXEMPTION. 

Section 1 . The Legislature shall protect, by law, from Homestead 
forced sale, a certain portion of the homestead and other exem i 5tiou - 
property of all heads of families. 

Sec. 2. The holding of large tracts of land, uncultivated Large iami 
and unimproved, by individuals or corporations, is against 
the public interest, and should be discouraged by all means tl8COl,raget - 
not inconsistent with the rights of private property. 

Sec. 3. Lands belonging to this State, which are suitable State lands 
for cultivation, shall be. granted only to actual settlers, and 
in quantities not exceeding three hundred and twenty acres 
to each settler, under such conditions as shall be prescribed 
bv law. 

t j 


ARTICLE XVIII. 

amending and revising the constitution. 

Section 1. Any amendment or amendments to this Con- Amend- 
stitution may be proposed in the Senate or Assembly, and if “ad? how 
two thirds of all the members elected to each of the two 
houses shall vote in favor thereof, such proposed amendment 
or amendments shall be entered in their Journals, with the 
yeas and nays taken thereon; and it shall be the duty of the 
Legislature to submit such proposed amendment or amend¬ 
ments to the people in such manner, and at such time, and 
after such publication as may be deemed expedient. Should 
more amendments than one be submitted at the same elec¬ 
tion, they shall be so prepared and distinguished, by num¬ 
bers or otherwise, that each can be voted on separately. If 
the people shall approve and ratify such amendment or 
amendments, or any of them, by a majority of the qualified 
electors voting thereon, such amendment or amendments 
shall become a part of this Constitution. 

Sec. 2. Whenever two thirds of the members elected to Convention 
each branch of the Legislature shall deem it necessary to l^ciiied. 
revise this Constitution, they shall recommend to the electors 
to vote at the next general election for or against a Conven¬ 
tion for that purpose, and if a majority of the electors voting 
at such election on the proposition for a Convention shall 
vote in favor thereof, the Legislature shall, at its next session, 
provide by law for calling the same. The Convention shall Convention, 
consist of a number of delegates not to exceed that of both constituted, 
branches of the Legislature, who shall be chosen in the same 
manner, and have the same qualifications, as members of the 
Legislature. The delegates so elected shall meet within three 
months after their election, at such place as the Legislature 
may direct. At a special election to be provided for by law, 
the" Constitution that may be agreed upon by such Conven¬ 
tion shall be submitted to the people for their ratification or 
4 


40 


CONSTITUTION OF THE 


rejection, in such manner as the Convention may determine. 
Revision, The returns of such election shall, in such manner as the 
how ratified. Convention shall direct, be certified to the Executive of the 
State, who shall call to his assistance the Controller, Treas¬ 
urer, and Secretary of State, and compare the returns so cer¬ 
tified to him; and it shall be the duty of the Executive to 
declare, by his proclamation, such Constitution as may have 
been ratified by a majority of all the votes cast at such special 
election, to be the Constitution of the State of California. 


ARTICLE XIX. 

CHINESE. 

Protection Section 1. The Legislature shall prescribe all necessary 
dangerous regulations for the protection of the State, and the counties, 
aliens. cities, and towns thereof, from the burdens and evils arising 
from the presence of aliens who are or may become vagrants, 
paupers, mendicants, criminals, or invalids afflicted with 
contagious or infectious diseases, and from aliens otherwise 
dangerous or detrimental to the well-being or peace of the 
State, and to impose conditions upon which such persons 
may reside in the State, and provide the means and mode 
of their removal from the State, upon failure and refusal to 
comply with such conditions; provided , that nothing con¬ 
tained in this section shall be construed to impair or limit 
the power of the Legislature to pass such police laws or other 
regulations as it may deem necessary, 
corporations Sec. 2. No corporation now existing or hereafter formed 
ploy Chinese. under the laws of this State, shall, after the adoption of this 
Constitution, employ, directly or indirectly, in any capacity, 
any Chinese or Mongolian. The Legislature shall pass such 
laws as may be necessary to enforce this provision. 
no Chinese Sec. 3. No Chinese shall be employed on any State, county, 
wor P ks bllc municipal, or other public work, except in punishment for 
crime. 

Chinese Sec. 4. The presence of foreigners ineligible to become 
to*be igration citizens of the United States is declared to be dangerous to 
discouraged, the well-being of the State, and the Legislature shall dis¬ 
courage their immigration by all the means within its power. 
Asiatic coolieism is a form of human slavery, and is forever 
prohibited in this State, and all contracts for coolie labor 
shall be void. All companies or corporations, whether formed 
in this country or any foreign country, for the importation 
of such labor, shall be subject to such penalties as the Leg¬ 
islature may prescribe. The Legislature shall delegate all 
necessary power to the incorporated cities and towns of this 
State for the removal of Chinese without the limits of such 
cities and towns, or for their location within prescribed por¬ 
tions of those limits, and it shall also provide the necessary 
legislation to prohibit the introduction into this State of 
Chinese after the adoption of the Constitution. This section 
shall be enforced by appropriate legislation. 


STATE OF CALIFORNIA. 


41 


ARTICLE XX. 

MISCELLANEOUS SUBJECTS. 

Section 1 . The City of Sacramento is hereby declared to capitaiofthe 
be the seat of government of this State, and shall so remain state,ho W 
until changed by law; but no law changing the seat of c ' a " se< " 
government shall be valid or binding unless the same be 
approved and ratified by a majority of the qualified electors 
of the State voting therefor at a general State election, under 
such regulations and provisions as the Legislature, by a two- 
thirds vote of each house, may provide, submitting the ques¬ 
tion of change to the people. 

Sec. 2. Any citizen of this State who shall, after the adop- Prohibit 
tion of this Constitution, fight a duel with deadly weapons, duelling - 
or send or accept a challenge to fight a duel with deadly 
weapons, either within this State or out of it, or who shall 
act as second, or knowingly aid or assist in any manner those 
thus offending, shall not be allowed to hold any office of 
profit, or to enjoy the right of suffrage under this Consti¬ 
tution. 

Sec. I). Members of the Legislature, and all officers, exec- oathof 
utive and judicial, except such inferior officers as may be by office - 
law exempted, shall, before they enter upon the duties of 
their respective offices, take and subscribe the following oath 
or affirmation: 

“I do solemnly swear (or affirm, as the case may be,) that 
I will support the Constitution of the United States and the 
Constitution of the State of California, and that I will faith¬ 
fully discharge the duties of the office of-according to 

the best of my ability.” 

And no other oath, declaration, or test shall be required as 
a qualification for any office of public trust. 

Sec. 4. All officers or Commissioners whose election or offices 
appointment is not provided for by this Constitution, and ^. ed t ^ e 
ail officers or Commissioners whose offices or duties may 
hereafter be created by law, shall be elected by the people, 
or appointed, as the Legislature may direct. 

Sec. 5. The fiscal year shall commence on the first day of Fiscal year. 
July. 

Sec. 6. Suits may be brought against the State in such Suits vs. the 
manner and in such Courts as shall be directed by law. state - 

Sec. 7. No contract of marriage, if otherwise duly made, Marriage 
shall be invalidated for want of conformity to the require- coutractfJ - 
ments of any religious sect. 

Sec. 8. All property, real and personal, owned by either separate 
husband or wife, before marriage, and that acquired by either property - 
of them afterward by gift, devise, or descent, shall be their 
separate property. 

Sec. 9. No perpetuities shall be allowed except for elee- Perpetuities, 
mosynary purposes. 

Sec. 10. Every person shall be disqualified from holding ™^Ul ifica - 
any office of profit in this State who shall have been con- bribery. 



42 


CONSTITUTION OF THE 


Elections 

protected 

against 

fraud. 


Ilesideuce. 


Plurality. 


State Board 
of Health. 

Mechanics’ 

lien. 


Terms of 
officers not 
herein 

provided for. 


A day’s 
work. 

Sex no 
disability. 


Expenses 
of Consti¬ 
tutional 
Convention. 


Election of 

officers, 

when. 


Boundary of 
the State. 


victed of having given or offered a bribe to procure his elec¬ 
tion or appointment. 

Sec. 11. Laws shall be made to exclude from office, serving 
on juries, and from the right of suffrage, persons convicted 
of bribery, perjury, forgery, malfeasance in office, or other 
high crimes. The privilege of free suffrage shall be sup¬ 
ported by laws regulating elections, and prohibiting, under 
adequate penalties, all undue influence thereon from power, 
bribery, tumult, or other improper practice. 

Sec. 12. Absence from the State, on business of the State, 
or of the United States, shall not affect the question of resi¬ 
dence of any person. 

Sec. 13. A plurality of the votes given at any election 
shall constitute a choice, where otherwise not directed in 
this Constitution. 

Sec. 14. The Legislature shall provide, by law, for the 
maintenance and efficiency of a State Board of Health. 

Sec. 15. Mechanics, material-men, artisans, and laborers 
of every class shall have a lien upon the property upon 
which they have bestowed labor or furnished material, for 
the value of such labor done and material furnished; and 
the Legislature shall provide, by law, for the speedy and effi¬ 
cient enforcement of such liens. 

Sec. 16. When the term of any officer or Commissioner 
is not provided for in this Constitution, the term of such offi¬ 
cer or Commissioner may be declared by law; and, if not so 
declared, such officer or Commissioner shall hold his posi¬ 
tion as such officer or Commissioner during the pleasure of 
the authority making the appointment; but in no case shall 
such term exceed four vears. 

Sec. 17. Eight hours shall constitute a legal day’s work 
on all public work. 

Sec. 18. No person shall, on account of sex, be disquali¬ 
fied from entering upon or pursuing any lawful business, 
vocation, or profession. 

Sec. 19. Nothing in this Constitution shall prevent the 
Legislature from providing, by law, for the payment of the 
expenses of the Convention framing this Constitution, in¬ 
cluding the per diem of the delegates for the full term thereof. 

Sec. 20. Elections of the officers provided for by this Con¬ 
stitution, except at the election in the year eighteen hundred 
and seventy-nine, shall be held on the even numbered years 
next before the expiration of their respective terms. The 
terms of such officers shall commence on the first Monday 
after the first day of January next following their election. 

ARTICLE XXI. 

BOUNDARY. 

Section 1 . The boundary of the State of California shall 
be as follows: Commencing at the point of intersection of the 
forty-second degree of north latitude with the one hundred 
and twentieth degree of longitude west from Greenwich, and 
running south on the line of said one hundred and twentieth 


STATE OF CALIFORNIA. 


43 


degree of west longitude until it intersects the thirty-ninth 
degree of north latitude; thence running in a straight line, 
in a southeasterly direction, to the River Colorado, at a point 
where it intersects the thirty-fifth degree of north latitude; 
thence down the middle of the channel of said river to the 
boundary line between the United States and Mexico, as 
established by the treaty of May thirtieth, one thousand 
eight hundred and forty-eight; thence running west and 
along said boundary line to the Pacific Ocean, and extending 
therein three English miles; thence running in a north¬ 
westerly direction, and following the direction of the Pacific 
('oast to the forty-second degree of north latitude; thence on 
the line of said forty-second degree of north latitude to the 
place of beginning. Also including all the islands, harbors, 
and bays along and adjacent to the coast. 

ARTICLE XXII. 

SCHEDULE. 

That no inconvenience may arise from the alterations and 
amendments in the Constitution of this State, and to carry 
the same into complete effect, it is hereby ordered and 
declared: 

Section 1. That all laws in force at the adoption of this Laws in 
Constitution, not inconsistent therewith, shall remain in full SoSKim 
force and effect until altered or repealed by the Legislature; constitution, 
and all rights, actions, prosecutions, claims, and contracts of 
the State, counties, individuals, bodies corporate, not incon¬ 
sistent therewith, shall continue to be as valid as if this Con¬ 
stitution had not been adopted. The provisions of all laws 
which are inconsistent with this Constitution shall cease 
upon the adoption thereof, except that all laws which are 
inconsistent with such provisions of this Constitution as 
require legislation to enforce them shall remain in full force 
until the first day of July, eighteen hundred and eighty, 
unless sooner altered or repealed by the Legislature. 

Sec. 2. That all recognizances, obligations, and all other Existing 
instruments entered into or executed before the adoption of anlppricSed- 
this Constitution, to this State, or to any subdivision thereof, pgsnot 
or any municipality therein, and all fines, taxes, penalties, impaire ' 
and forfeitures due or owing to this State, or any subdivision 
or municipality thereof, and all writs, prosecutions, actions, 
and causes of action, except as herein otherwise provided, 
shall continue and remain unaffected by the adoption of this 
Constitution. All indictments or informations which shall 
have been found, or may hereafter be found, for any crime 
or offense committed before this Constitution takes effect, 
may be proceeded upon as if no change had taken place, 
except as otherwise provided in this Constitution. 

Sec. 3. All Courts now existing, save Justices’ and Police courts 
Courts, are hereby abolished; and all records, books, papers, a 01S1C ‘ 
and proceedings from such Courts, as are abolished by this 
Constitution, shall be transferred, on the first day of January, 
eighteen hundred and eighty, to the Courts provided for in 


44 


CONSTITUTION OF THE 


Superintend¬ 
ent of Print¬ 
ing to print 
Constitution. 


Governor to 
issue procla¬ 
mation. 


Superintend¬ 
ent of State 
Printing 
to print 
ballots. 


Clerks of 
counties to 
provide 
poll books. 


Who may 
vote. 


Returns, 

how 

canvassed. 


this Constitution; and the Courts to which the same are thus 
transferred shall have the same power and jurisdiction over 
them as if they had been in the first instance commenced, 
filed, or lodged therein. 

Sec. 4. The Superintendent of Printing of the State of 
California shall, at least thirty days before the first Wednes¬ 
day in May, A. D. eighteen hundred and seventy-nine, cause 
to be printed at the State Printing Office, in pamphlet form, 
simply stitched, as many copies of this Constitution as there 
are registered voters in this State, and mail one copy thereof 
to the Post Office address of each registered voter; provided , 
any copies not called for ten days after reaching their deliv¬ 
ery office, shall be subject to general distribution by the 
several Postmasters of this State. The Governor shall issue 
his proclamation, giving notice of the election for the adop¬ 
tion or rejection of this Constitution, at least thirty days 
before the said first Wednesday of May, eighteen hundred 
and seventy-nine, and the Boards of Supervisors of the sev¬ 
eral counties shall cause said proclamation to be made public 
in their respective counties, and general notice of said elec¬ 
tion to be given at least fifteen days before said election. 

Sec. 5. The Superintendent of Printing of the State of 
California, shall, at least twenty days before said election, 
cause to be printed and delivered to the Clerk of eacli county 
in this State five times the number of properly prepared 
ballots for said election that there are voters in said respective 
counties, with the words printed thereon: “ For the New Con¬ 
stitution.” He shall likewise cause to be so printed and 
delivered to said Clerks five times the number of properly 
prepared ballots for said election that there are voters in said 
respective counties, with the words printed thereon: “ Against 
the New Constitution.” The Secretary of State is hereby 
authorized and required to furnish the Superintendent of 
State Printing a sufficient quantity of legal ballot paper, now 
on hand, to carry out the provisions of this section. 

Sec. 6 . The Clerks of the several counties in the State 
shall, at least five days before said election, cause to be deliv¬ 
ered to the Inspectors of Election, at each election precinct 
or polling place in their respective counties, suitable regis¬ 
ters, poll-books, forms of return, and an equal number of the 
aforesaid ballots, which number, in the aggregate, must be 
ten times greater than the number of voters in the said elec¬ 
tion precincts or polling places. The returns of the number 
of votes cast at the Presidential election in the year eighteen 
hundred and seventy-six shall serve as a basis of calculation 
for this and the preceding section; provided, that the duties 
in this and the preceding section imposed upon the Clerks 
of the respective counties shall, in the City and County of 
San Francisco, be performed by the Registrar of voters for 
said city and county. 

Sec. 7. Every citizen of the United States, entitled by law 
to vote for members of the Assembly in this State, shall be en¬ 
titled to vote for the adoption or rejection of this Constitution. 

Sec. 8. The officers of the several counties of this State, 
whose duty it is, under the law, to receive and canvass the 


STATE OF CALIFORNIA. 


45 


returns from the several precincts of their respective counties, 
as well as of the City and County of San Francisco, shall 
meet at the usual place of meeting for such purposes on the 
first Monday after said election. If, at the time of meeting, 
the returns from each precinct in the county in which the 
polls were opened have been received, the Board must then 
and there proceed to canvass the returns; but if all the re¬ 
turns have not been received, the canvass must be postponed 
from time to time until all the returns are received, or until 
the second Monday after said election, when they shall pro¬ 
ceed to make out returns of the votes cast for and against the 
new Constitution; and the proceedings of said Boards shall 
be the same as those prescribed for like Boards in the case of 
an election for Governor. Upon the completion of said can¬ 
vass and returns, the said Board shall immediately certify 
the same, in the usual form, to the Governor of the State of 
California. 

Sec. 9. The Governor of the State of California shall, as 
soon as the returns of said election shall be received by 
him, or within thirty days after said election, in the presence 
and with the assistance of the Controller, Treasurer, and Sec¬ 
retary of State, open and compute all the returns received of 
votes cast for and against the new Constitution. If, by such 
examination and computation, it is ascertained that a ma¬ 
jority of the whole number of votes cast at such election is in 
favor of such new Constitution, the Executive of this State 
shall, by his proclamation, declare such new Constitution to 
be the Constitution of the State of California, and that it shall 
take effect and be in force on the days hereinafter specified. 

Sec. 10. In order that future elections in this State shall 
conform to the requirements of the Constitution, the terms 
of all officers elected at the first election under the same, 
shall be, respectively, one year shorter than the terms as fixed 
by law or by this Constitution; and the successors of all such 
officers shall be elected at the last election before the expira¬ 
tion of the terms as in this section provided. The first offi¬ 
cers chosen, after the adoption of this Constitution, shall be 
elected at the time and in the manner now provided by law. 
Judicial officers and the Superintendent of Public Instruc¬ 
tion shall be elected at the time and in the manner that State 
officers are elected. 

Sec. 11. All laws relative to the present judicial system of 
the State shall be applicable to the judicial system created by 
this Constitution until changed by legislation. 

Sec. 12. This Constitution shall take effect and be in force 
on and after the fourth day of July, eighteen hundred and 
seventy-nine, at twelve o’clock meridian, so far as the same 
relates to the election of all officers, the commencement of 
their terms of office, and the meeting of the Legislature. In 
all other respects, and for all other purposes, this Constitution 
shall take effect on the first day of January, eighteen hun¬ 
dred and eighty, at twelve o’clock meridian. 

J. P. ITOGE, President. 

Attest: Edwin F. Smith, Secretary. 


Governor to 
canvass and 
issue procla¬ 
mation. 


Terms of 
officers first 
elected. 


When to go 
into effect. 







- 



































































. 






- , 1 


















PREAMBLE. 

We, the people of the United States, in order to form a Preamble, 
more perfect union, establish justice, insure domestic tran¬ 
quillity, provide for the common defense, promote the general 
welfare, and secure the blessings of liberty to ourselves and 
our posterity, do ordain and establish this Constitution for 
the United States of America. 


Article I. Legislative Department. 

II. Executive Department. 

III. Judicial Department. 

IV. State Acts. 

V. Amendments. 

VI. Promiscuous Provisions. 

VII. Ratification of, what Necessary. 


ARTICLE I. 

LEGISLATIVE DEPARTMENT. 


Section 1. 

2 . 


3. 


4 . 

5. 


6 . 


7. 


Legislative power, Congress. 

House of Representatives. 

1. Members, when and by whom chosen. 

2. Qualifications. 

3. Apportionment of Representatives, and direct taxes. 

4. Vacancies. 

5. Speaker. Impeachment. 

Senate. 

1. Senators. 

2. Divided into classes. Vacancies. 

3. Qualifications. 

4. President of Senate. 

5. Other officers. 

6. Impeachment. 

7. Judgment on impeachment. 

Congress. 

1. Election for Senators and Representatives. 

2. Sessions of Congress. 

Powers of Houses of Congress. 

1. Judges of qualifications of their own members. Quorum. 

2. Rules of proceeding. Expulsions. 

3. Journals. 

4. Adjournments. 

Compensation and duties of members. 

1. Compensation of members. Privileges of Senators and 
. Representatives. 

2. Disabilities. 

Enactment of laws. 

1. Revenue bills. Where to originate. 

2. Manner of passage and President’s approval. How passed 

without President’s approval. 

3. Orders, resolutions, and votes. President’s approval. 





50 


CONSTITUTION OF 


Legislative 

power, 

Congress. 


House of 
Representa¬ 
tives. 


Section 8. Powers of Congress. 

1. Taxes, duties, etc. Common defense and general welfare. 

2. To borrow money. 

3. To regulate commerce. 

4. Naturalization. Bankruptcies. 

5. Coining money. Weights and measures. 

6. Punishment of counterfeiting. 

7. Post Office and post roads. 

8. Patents and copyrights. 

9. Courts. Piracy and other offenses. 

10. To declare war, etc. 

11. Raising army. 

12. Navy. 

13. Army and navy regulations. 

14. Militia. Insurrection, etc. 

15. Organization, arming, and disciplining militia. 

1G. Exclusive legislative power over seat of government, forts, 
etc. 

17. To make laws necessary to carry powers into effect. 

9. Limitation of the powers of Congress. 

1. Migration or importation of persons. 

2. Habeas corpus not to be suspended. 

3. Attainder and ex post facto laws prohibited. 

4. Capitation and direct taxes. 

5. Exports. Commercial regulations. 

G. Public moneys and accounts. 

7. Titles of nobility. Presents, etc. 

10. Limitation of the powers of States. 

1. Treaties, letters of marque, coinage of monejq bills of credit, 

etc., attainder, ex post facto laws, impairing contracts. 
Titles. 

2. Imposts or duties on imports or exports, etc. Duties of 

tonnage, keeping troops in time of peace, engaging in 
war, treaties, etc. 


Section 1. 

1. All legislative powers herein granted shall be vested in 
a Congress of the United States, which shall consist of a Sen¬ 
ate and House of Representatives. 

Section 2. 

1. The House of Representatives shall be composed of 
members chosen every second year by the people of the 
several States, and the electors in each State shall have the 
qualifications requisite for electors of the most numerous 
branch of the State Legislature. 

2. No person shall be a Representative who shall not have 
attained the age of twenty-five years and been seven years a 
citizen of the United States, and who shall not, when elected, 
be an inhabitant of that State in which he shall be chosen. 

3. [Representatives and direct taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective numbers, which shall 
be determined by adding to the whole number of free per¬ 
sons, including those bound to service for a term of years, 
and excluding Indians not taxed, three fifths of all other 
persons. The actual enumeration shall be made within 
three years after the first meeting of the Congress of the 
United States, and within every subsequent term of ten 
years, in such manner as they shall by law direct. The num¬ 
ber of Representatives shall not exceed one for every thirty 
thousand, but each State shall have at least one Representa- 


THE UNITED STATES. 


51 


and until such enumeration shall be made, the State House of 
ot Mew Hampshire shall be entitled to choose three, Massa- ® epre8enta * 
chusetts eight, Rhode Island and Providence Plantations one, 
Connecticut live, New V ork six, New Jersey four, Pennsyl¬ 
vania eight, Delaware one, Maryland six, Virginia ten, North 
Carolina five, South Carolina five, and Georgia three.] 

This clause has been superseded, so far as it relates to representation, by 
section two of the Fourteenth Amendment to the Constitution. 


4. When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of 
election to fill such vacancies. 

5. The House of Representatives shall choose their Speaker 
and other officers, and shall have the sole power of impeach¬ 
ment. 

Section 3. 

1. The Senate of the United States shall be composed of senate, 
two Senators from each State, chosen by the Legislature 
thereof, for six years, and each Senator shall have one vote. 

2. Immediately after they shall be assembled in conse¬ 
quence of the first election, they shall be divided as equally 
as may he into three classes. The seats of the Senators of 
the first class shall be vacated at the expiration of the sec¬ 
ond year, of the second class at the expiration of the fourth 
year, and of the third class at the expiration of the sixth 
year, so that one third may be chosen every second year; 
and if vacancies happen, by resignation or otherwise, during 
the recess of the Legislature of any State, the Executive 
thereof may make temporary appointments until the next 
meeting of the Legislature, which shall then fill such vacan¬ 
cies. 

3. No person shall be a Senator who shall not have attained 
the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhab¬ 
itant of the State for which he shall be chosen. 

4. The Vice-President of the United States shall be Presi¬ 
dent of the Senate, but shall have no voice unless they shall 
be equally divided. 

5. The Senate shall choose their other officers and have a 
President pro tempore, in the absence of the Vice-President, 
or when he shall exercise the office of President of the 
United States. 

6. The Senate shall have the sole power to try all impeach¬ 
ments; when sitting for that purpose, they shall be on oath 
or affirmation. When the President of the United States is 
tried, the Chief Justice shall preside; and no person shall 
be convicted without the concurrence of two thirds of the 
members present. 

7. Judgment in cases of impeachment shall not extend 
further than to removal from office and disqualification to 
hold and enjoy any office of honor, trust, or profit under the 
United States; but the party convicted shall, nevertheless, 
be liable and subject to indictment, trial, judgment, and 
punishment according to law. 


52 


CONSTITUTION OP 


Congress. 


Powers of 
Houses of 
Congress. ■ 


Compensa¬ 
tion and 
duties of 
members. 


Section 4. 


1. The times, places, and manner of holding elections for 
Senators and Representatives shall be prescribed in each 
State by the Legislature thereof; but the Congress may at 
any time, by law, make or alter such regulations, except as 
to the places of choosing Senators. 

2. The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, 
unless they shall, by law, appoint a different day. 

Section 5. 

1. Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business; but a smaller 
number may adjourn from day to day, and may be authorized 
to compel the attendance of absent members, in such manner 
and under such penalties as each house may provide. 

2. Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the 
concurrence of two thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as 
may, in their judgment, require secrecy; and the ayes and 
noes of the members of either house, on any question, shall, 
at the desire of one fifth of those present, be entered on the 
Journal. 

4. Neither house, during the session of Congress, shall, 
without the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the two 
houses shall be sitting. 

Section 6. 


1. The Senators and Representatives shall receive a com¬ 
pensation for their services, to be ascertained by law, and 
paid out of the treasury of the United States. They shall, in 
all cases, except treason, felony, and breach of the peace, be 
privileged from arrest during their attendance at the session 
of their respective houses, and in going to and returning 
from the same; and for any speech or debate, in either house, 
they shall not be questioned in any other place. 

2. No Senator or Representative shall, during the time for 
which he was elected, be appointed to any civil office under 
the authority of the United States, which shall have been 
created, or the emoluments whereof shall have been increased, 
during such time; and no person holding any office under 
the United States shall be a member of either house during 
his continuance in office. 


THE UNITED STATES. 


53 


Section 7. 

1. All bills for raising revenue shall originate in the House Enactment 
of Representatives; but the Senate may propose or concur of laws ‘ 
with amendments on other bills. 

2. Every bill which shall have passed the House of Repre¬ 
sentatives and the Senate, shall, before it becomes a law, be 
presented k) the President of the United States; if he approve, 
he shall sign it, but if not, he shall return it, with his objec¬ 
tions, to that house in which it shall have originated, who 
shall enter the objections at large on their Journal, and pro¬ 
ceed to reconsider it. If, after such reconsideration, two thirds 
of that house shall agree to pass the bill, it shall be sent, 
together with the objections, to the other house, by which it 
shall likewise be reconsidered, and if approved by two thirds 
of that house it shall become a law. But in all such cases 
the votes of both houses shall be determined by ayes and 
noes; and the names of the persons voting for and against 
the bill shall be entered on the Journal of each house respect¬ 
ively. If any bill shall not be returned by the President 
within ten days (Sundays excepted) after it shall have been 
presented to him, the same shall be a law, in like manner as 
if he had signed it, unless the Congress, by their adjourn¬ 
ment, prevent its return, in which case it shall not be a law. 

3. Every order, resolution, or vote, to which the concur¬ 
rence of the Senate and the House of Representatives may be 
necessary (except on a question of adjournment), shall be 
presented to the President of the United States; and, before 
the same shall take effect, shall be approved by him, or being 
disapproved by him, shall be repassed by two thirds of the 
Senate and House of Representatives, according to the rules 
and limitations prescribed in the case of a bill. 

Section 8. 

1. The Congress shall have power to lay and collect taxes, Powers of 
duties, imposts, and excises, to pay the debts and provide for Cougress - 
the common defense and general welfare of the United States; 

but all duties, imposts, and excises shall be uniform through¬ 
out the United States. 

2. To borrow money on the credit of the United States. 

3. To regulate commerce with foreign nations, and among 
the several States, and with the Indian tribes. 

4. To establish an uniform rule of naturalization, and uni¬ 
form laws on the subject of bankruptcies throughout the 
United States. 

5. To coin money, regulate the value thereof, and of for¬ 
eign coins, and fix the standard of weights and measures. 

6. To provide for the punishment of counterfeiting the 
securities and current coin of the United States. 

7. To establish Post Offices and post roads. 

8. To promote the progress of science and useful arts, by 
securing, for limited times, to authors and inventors, the 
exclusive right to their respective writings and discoveries. 


54 


CONSTITUTION OF 


Powers of 
Congress. 


Limitation 
of the 
powers of 
Congress. 


9. To constitute tribunals inferior to the Supreme Court. 

10. To define and punish piracies and felonies committed 
on the high seas, and offenses against the laws of nations. 

11. To declare war, grant letters of marque and reprisal, 
and make rules concerning captures on land and water. 

12. To raise and support armies; but no appropriation of 
money to that use shall be for a longer term than two years. 

13. To provide and maintain a navy. 

14. To make rules for the government and regulation of 
the land and naval forces. 

15. To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel invasions. 

16. To provide for organizing, arming, and disciplining 
the militia, and for governing such part of them as may be 
employed in the service of the United States, reserving to 
the States, respectively, the appointment of the officers, and 
the authority of training the militia according to the disci¬ 
pline prescribed by Congress. 

17. To exercise exclusive legislation, in all cases whatso¬ 
ever, over such district (not exceeding ten miles square) as 
may, by cession of particular States, and the acceptance of 
Congress, become the seat of Government of the United 
States, and to exercise like authority over all places pur¬ 
chased by the consent of the Legislature of the State in 
which the same shall be, for the erection of forts, magazines, 
arsenals, dockyards, and other needful buildings. 

18. To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all 
other powers vested by this Constitution in the Government 
of the United States, or in any department or officer thereof. 

Section 9. 

1. The migration or importation of such persons as any of 
the States now existing shall think proper to admit, shall not 
be prohibited by Congress prior to the year one thousand 
eight hundred and eight; but a tax or duty may be imposed 
on such importation, not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be 
suspended, unless when, in cases of rebellion or invasion, the 
public safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation or other direct tax shall be laid, unless 
in proportion to the census or enumeration hereinbefore 
directed to be taken. 

5. No tax or duty shall be laid on articles exported from 
any State. 

6. No preference shall be given, by any regulation of com¬ 
merce or revenue, to the ports of one State over those of 
another; nor shall vessels bound to or from one State be 
obliged to enter, clear, or pay duties in another. 

7. No money shall be drawn from the treasury, but in 
consequence of appropriations made by law; and a regular 


THE UNITED STATES. 


55 


statement and account of the receipts and expenditures of 
all public money shall be published from time to time. 

8. Xo title of nobility shall be granted by the United States; 
and no person bolding any office of profit or trust under them 
shall, without the consent of the Congress, accept of any pres¬ 
ent, emolument, office, or title, of any kind whatever, from 
any King, Prince, or foreign State. 

Section 10. 

1. No State shall enter into any treaty, alliance, or confed- Limitation 
eration; grant letters of marque and reprisal; coin money; powers 0 f 
emit bills of credit; make anything but gold and silver coin States - 

a tender in payment of debts; pass any bill of attainder, ex 
post facto law, or law impairing the obligation of contracts, 
or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay 
any imposts or duties on imports or exports, except what 
may be absolutely necessary for executing its inspection laws; 
and the net produce of all duties and imposts, laid by any 
State on imports or exports, shall be for the use of the treas¬ 
ury of the United States; and all such laws shall be subject 
to the revision and control of the Congress. 

3. No State shall, without the consent of Congress, lay any 
duty of tonnage, keep troops or ships of war in time of peace, 
enter into any agreement or compact with another State or 
with a foreign power, or engage in war, unless actually 
invaded or in such imminent danger as will not admit of 
delay. 


ARTICLE II. 

EXECUTIVE DEPARTMENT. 


Section 1. Powers of Executive. 

1. President and Vice-President. Terms of. 

2. Electors. 

3. Manner of choosing President by Electors. Superseded by 

Twelfth Amendment. 

4. Time of choosing Electors. 

5. President’s qualifications. 

6. Vacancy in office of. 

7. Salary. 

8. Oath. 

2. Other powers and duties. 

1. Act as Commander-in-Chief. Reprieves, pardons. 

2. To make treaties, how. Appointments. 

3. To fill vacancies. 

3. Messages to, and power of assembling and adjourning Congress. 

Reception of Embassadors, etc. Commissioning officers. 

4. Removal of officers on impeachment. 

Section 1. 


1. The executive power shall be vested in a President of Powers of 
the'United States of America. He shall hold his office dur- Executive 
ing the term of four years, and together with the Vice-Presi¬ 
dent, chosen for the same term, be elected as follows: 

5 



56 


CONSTITUTION OF 


Powers of 
Executive. 


2. Each State shall appoint, in such manner as the Legis¬ 
lature thereof may direct, a number of Electors equal to the 
whole number of Senators and Representatives to which the 
State may be entitled in the Congress; but no Senator or 
Representative, or person holding an office of trust or profit 
under the United States, shall be appointed an Elector. 

3. [The Electors shall meet in their respective States and 
vote by ballot for two persons, of whom one at least shall not 
be an inhabitant of the same State with themselves. And 
they shall make a list of all the persons voted for, and of the 
number of votes for each; which list they shall sign and cer¬ 
tify, and transmit sealed to the seat of the Government of the 
United States, directed to the President of the Senate. The 
President of the Senate shall, in the presence of the Senate 
and House of Representatives, open all the certificates, and 
the votes shall then be counted. The person having the 
greatest number of votes shall be the President, if such num¬ 
ber be a majority of the whole number of Electors appointed; 
and if there be more than one who have such majority, and 
have an equal number of votes, then the House of Represen¬ 
tatives shall immediately choose by ballot one of them for 
President; and if no person have a majority, then from the 
five highest on the list the said house shall, in like manner, 
choose the President. But, in choosing the President, the 
vote shall be taken by States, the representation from each 
State having one vote; a quorum for this purpose shall con¬ 
sist of a member or members from two thirds of the States, 
and a majority of all the States shall be necessary to a choice. 
In every case after the choice of the President, the person 
having the greatest number of votes of the Electors shall be 
the Vice-President. But if there should remain two or more 
who have equal votes, the Senate shall choose from them, by 
ballot, the Vice-President.] 

This clause has been superseded by the Twelfth Amendment to the Consti¬ 
tution. 


4. The Congress may determine the time of choosing the 
Electors, and the day on which they shall give their votes; 
which day shall be the same throughout the United States. 

5. No person except a natural-born citizen, or a citizen of 
the United States at the time of the adoption of this Consti¬ 
tution, shall be eligible to the office of President, neither 
shall any person be eligible to that office who shall not have 
attained the age of thirty-five years, and been fourteen years 
a resident within the United States. 

6. In case of the removal of the President from office, or of 
his death, resignation, or inability to discharge the powers 
and duties of the said office, the same shall devolve on the 
Vice-President, and the Congress may, by law, provide for 
the case of removal, death, resignation, or inability, both of 
the President and Vice-President, declaring what officer shall 
then act as President, and such officer shall act accordingly, 
until the disability be removed, or a President shall be 
elected. 

7. The President shall, at stated times, receive for his ser- 


THE UNITED STATES. 


57 


vices a compensation, which shall neither be increased nor 
diminished during the period for which he shall have been 
elected, and he shall not receive within that period any other 
emolument from the United States or any of them. 

8. Before he enters on the execution of his office, he shall 
take the following oath or affirmation: “I do solemnly swear 
(or affirm) that I will faithfully execute the office of Presi¬ 
dent of the United States, and will, to the best of my ability, 
preserve, protect, and defend the Constitution of the United 
States.” 

Section 2. 

1. The President shall be Commander-in-Chief of the Army other 
and Navy of the United States, and of the militia of the sev- a,Kl 
eral States, when called into the actual service of the United 
States; he may require the opinion, in writing, of the prin¬ 
cipal officer in each of the executive departments, upon any 
subject relating to the duties of their respective offices, and he 

shall have power to grant reprieves and pardons for offenses 
against the United States, except in cases of impeachment. 

2. He shall have power, by and with the advice and con¬ 
sent of the Senate, to make treaties, provided two thirds of 
the Senators present concur; and he shall nominate, and, by 
and with the advice and consent of the Senate, shall appoint 
Embassadors, other public Ministers and Consuls, Judges of 
the Supreme Court, and all other officers of the United 
States whose appointments are not herein otherwise provided 
for and which shall be established by law; but the Congress 
may, by law, vest the appointment of such inferior officers 
as they think proper in the President alone, in the Courts of 
law, or in the heads of departments. 

3. The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by grant¬ 
ing commissions, which shall expire at the end of their next 
session. 

Section 3. 

1. He shall, from time to time, give to the Congress infor- Messages to, 
mation of the state of the Union, and recommend to their as?em- ls 
consideration such measures as he shall judge necessary and winga-d 
expedient; he may, on extraordinary occasions, convene Jongr™" 8 
both houses, or either of them, and in case of disagree- ^£1! of 
ment between them with respect to the time of adjournment, dors, etc'; 
he may adjourn them to such time as he shall think proper; 
he shall receive Embassadors and other public Ministers; he 
shall take care that the laws be faithfully executed, and shall 
commission all the officers of the United States. 

Section 4. 


1. The President, Vice-President, and all civil officers of Removal of 
the United States shall be removed from office, on impeach- impeach¬ 
ment for and conviction of treason, bribery, or other high ment - 
crimes and misdemeanors. 


5S 


CONSTITUTION OF 


Supreme 
and inferior 
Courts; 
term of 
office and 
compensa¬ 
tion of 
Judges. 


Judicial 

powers. 


Treason. 


ARTICLE III. 

JUDICIAL DEPARTMENTS. 

Section 1. Supreme and inferior Courts. Term of office and compensation 

of Judges. 

2. Judicial powers. 

1. Jurisdiction of Supreme Court. 

2. Original and appellate. 

3. Jury trials when allowed. 

3. Treason. 

1. Definition and evidence of. 

2. Punishment of. 

Section 1 . 

1 . The judicial power of the United States shall be vested 
in one Supreme Court, and in such inferior Courts as the 
Congress may, from time to time, ordain and establish. The 
Judges, both of the Supreme and inferior Courts, shall hold 
their offices during good behavior, and shall, at stated times, 
receive for their services a compensation which shall not be 
diminished during their continuance in office. 

Section 2. 

1 . The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the 
United States, and treaties made, or which shall be made, 
under their authority; to all cases affecting Embassadors, 
other public Ministers and Consuls; to all cases of admiralty 
and maritime jurisdiction; to controversies to which the 
United States shall be a party; to controversies between two 
or more States ; between a State and citizens of another 
State ; between citizens of different States ; between citizens 
of the same State claiming lands under grants of different 
States; and between a State, or the citizens thereof, and 
foreign States, citizens, or subjects. 

2. In all cases affecting Embassadors, other public Minis¬ 
ters and Consuls, and those in which a State shall be a party, 
the Supreme Court shall have original jurisdiction. In all 
the other cases before mentioned the Supreme Court shall 
have appellate jurisdiction, both as to law and fact, with 
such exceptions and under such regulations as the Congress 
shall make. 

3. The trial of- all crimes, except in cases of impeachment, 
shall be by jury ; and such trial shall be held in the State 
where the said crimes shall have been committed; but when 
not committed within any State, the trial shall be put at 
such place or places as the Congress may, by law, have 
directed. 

Section 3. 

1 . Treason against the United States shall consist only in 
levying war against them, or in adhering to their enemies, 
giving them aid and comfort. 


THE UNITED STATES. 


59 


2*. person shall be convicted of treason, unless on the Treason, 
testimony of two witnesses to the same overt act, or on con¬ 
fession in open Court. 

3. The Congress shall have power to declare the punish¬ 
ment of treason; but no attainder of treason shall work 
corruption of blood, or forfeiture, except during the life of 
the person attainted. 


ARTICLE IV. 


STATE ACTS. 

Section 1 . Evidence of acts and official records of States. 

2. Privileges of citizens. 

1. Entitled to same alike in every State. 

2. Fugitives from justice. 

3. Fugitives from servitude. 

3. New States. 

1. Admission of. 

2. Power of the United States over territorial and other prop¬ 

erty. 

4. United States to guarantee to each State a republican form of 

government and protect against invasion. 


Section 1. 

1. Full faith and credit shall be given in each State to the Evidence of 
public acts, records, and judicial proceedings of every other official 
State. And the Congress may, by general laws, prescribe the g^ sof 
manner in which such acts, records, and proceedings shall 
be proved, and the effect thereof. 

Section 2. 

1. The citizens of each State shall be entitled to all the Privileges 
privileges and immunities of citizens in the several States. ofcitizens - 

2. A person charged in any State with treason, felony, or 
other crime, who shall flee from justice, and be found in 
another State, shall, on demand of the executive authority of 
the State from which he fled, be delivered up, to be removed 
to the State having jurisdiction of the crime. 

3. No person held to service or labor in one State, under 
the laws thereof, escaping into another, shall, in consequence 
of any law or regulation therein, be discharged from such 
service or labor, but shall be delivered up on claim of the 
party to whom such service or labor may be due. 

Section 3. 

1. New States may be admitted by the Congress into this New states. 
Union; but no new State shall be formed or erected within 

the jurisdiction of any other State; nor any State be formed 
by the junction of two or more States, or parts of States, 
without the consent of the Legislatures of the States con¬ 
cerned, as well as of Congress. 

2. The Congress shall have power to dispose of and make 
all needful rules and regulations respecting the territory or 



60 


CONSTITUTION OP 


United 
States to 
guarantee to 
each State a 
republican 
form of gov¬ 
ernment and 
protection 
against 
invasion. 


Manner of 
making 
amendments 
to Consti¬ 
tution. 


General 

provisions. 


other property belonging to the United States; and nothing 
in this Constitution shall be so construed as to prejudice any 
claims of the United States, or of any particular State. 

Section 4. 

1. The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect 
each of them against invasion; and, on application of the 
Legislature, or of the Executive (when the Legislature can¬ 
not be convened), against domestic violence. 


ARTICLE V. 

AMENDMENTS. 

Section 1. Manner of making amendments to Constitution. 

Section 1. 

1. The Congress, whenever two thirds of both houses shall 
deem it necessary, shall propose amendments to this Consti¬ 
tution, or, on the application of the Legislatures of two thirds 
of the several States, shall call a convention for proposing 
amendments, which, in either case, shall be valid, to all 
intents and purposes, as part of this Constitution, when 
ratified by the Legislatures of three fourths of the several 
States, or by conventions in three fourths thereof, as the one 
or the other mode of ratification may be proposed by the 
Congress; provided, that no amendment which may be made 
prior to the year one thousand eight hundred and eight 
shall, in any manner, affect the first and fourth clauses in 
the ninth section of the first article; and that no State, with¬ 
out its consent, shall be deprived of its equal suffrage in the 
Senate. 


ARTICLE VI. 

PROMISCUOUS PROVISIONS. 

/ 

Section 1. General provisions. 

1. Debts. 

2. Supreme law of the land. 

3. Oath to support Constitution. No religious test. 

Section 1. 

1. All debts contracted and engagements entered into, 
before the adoption of this Constitution, shall be as valid 
against the United States, under this Constitution, as under 
the Confederation. 

2. This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the 
United States, shall be the supreme law of the land; and the 




THE UNITED STATES. 


61 


Judges in every State shall be bound thereby, anything in 
the Constitution or laws of any State to the contrary not¬ 
withstanding. 

3. The Senators and Representatives before mentioned, and 
the members of the several State Legislatures, and all execu¬ 
tive and judicial officers, both of the United States and of 
the several States, shall be bound, by oath or affirmation, to 
support this Constitution; but no religious test shall ever be 
required as a qualification to any office or public trust under 
the United States. 


ARTICLE VII. 

RATIFICATION OF CONSTITUTION. 


Section 1. What sufficient for ratification. 


Section 1. 

1. The ratification of the conventions of nine States shall 
be sufficient for the establishment of this Constitution be¬ 
tween the States so ratifying the same. 


Done in Convention, by the unanimous consent of the States present, the 
seventeenth day of September, in the year of our Lord one thousand seven 
hundred and eighty-seven, and of the independence of the United States 
of American the twelfth. In witness whereof we have hereunto subscribed 
our names. 


NEW HAMPSHIRE. 

JOHN LANGDON, 

NICHOLAS GILMAN. 

MASSACHUSETTS. 

NATHANIEL GORHAM, 
RUFUS KING. 

CONNECTICUT. 

WILLIAM SAMUEL JOHNSON, 
ROGER SHERMAN. 

NEW YORK. 

ALEXANDER HAMILTON. 

NEW JERSEY. 

WILLIAM LIVINGSTON, 
DAVID BREARLY. 

WILLIAM PATTERSON, 
JONATHAN DAYTON. 

PENNSYLVANIA. 

BENJAMIN FRANKLIN, 
THOMAS MIFFLIN, 

ROBERT MORRIS, 

GEORGE CLYMER, 

THOMAS FITZSIMONS, 

JARED INGERSOLL, 

JAMES WILSON, 
GOUVERNEUR MORRIS. 


Attest: 


GEORGE WASHINGTON, 
President, and Deputy from Virginia. 


DELAWARE. 

GEORGE READ, 

GUNNING BEDFORD, Jr., 

JOHN DICKINSON, 

RICHARD BASSETT, 

JACOB BROOM. 

MARYLAND. 

james McHenry, 

DANIEL of St. Th. JENIFER, 
DANIEL CARROLL. 

VIRGINIA. 

JOHN BLAIR, 

JAMES MADISON, Jr. 

NORTH CAROLINA. 

WILLIAM BLOUNT, 

RICHARD DOBBS SPAIGHT, 
HUGH WILLIAMSON. 

SOUTH CAROLINA. 

JOHN RUTLEDGE, 

CHARLES C. PINCKNEY, 
CHARLES PINCKNEY, 

PIERCE BUTLER. 

GEORGIA. 

WILLIAM FEW, 

ABRAHAM BALDWIN. 

WILLIAM JACKSON, Secretary. 


What suffi¬ 
cient for 
ratification. 






62 


CONSTITUTION OF 


Restrictions 
on powers of 
Congress. 


Right to 
bear arras. 


Billeting of 
soldiers. 


AMENDMENTS. 


Article I. 
II. 

III. 

IV. 
V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 
XV. 


Restriction on Power of Congress. 

Right to Bear Arms. 

Billeting Soldiers. 

Seizures, Searches, and Warrants. 

Criminal Proceedings and Condemnation of Property. 
Mode of Trial in Criminal Proceedings. 

Trial by Jury. 

Bails—Fines—Punishments. 

Certain Rights not Denied the People. 

States Rights. 

Judicial Powers. 

Election of President and Vice-President. 

Slavery. 

Citizenship, Representation, and Payment of Public Debt. 
Elective Franchise. 


ARTICLE I. 

RESTRICTIONS ON POWER OF CONGRESS. 


Section 1. Free exercise of religion, speech, etc., and right of people to 
assemble. 


Section 1 . Congress shall make no law respecting an 
establishment of religion, or prohibiting the free exercise 
thereof, or abridging the freedom of speech or of the press; 
or the right of the people peaceably to assemble, and to peti¬ 
tion the government for a redress of grievances.—[ Proposed 
September 25, 1789; ratified December 15 , 1791. 


ARTICLE II. 

RIGHT TO BEAR ARMS. 

Section 1. Right not to be denied to people. 

Section 1 . A well regulated militia being necessary to 
the security of a free State, the right of the people to keep 
and bear arms shall not be infringed.— [Id. 


ARTICLE III. 

BILLETING OF SOLDIERS. 

Section 1 . No soldiers to be billeted, etc. 

Section 1 . No soldier shall, in time of peace, be quartered 
in any house, without the consent of the owner; nor in time 
of war, but in a manner to be prescribed by law.— [Id. 






THE UNITED STATES. 


63 


ARTICLE IV. 

SEIZURES, SEARCHES, AND WARRANTS. 

Section 1. Unreasonable searches, seizures, and warrants prohibited. 

Section 1. The right of the people to be secure in their seizures, 
persons, houses, papers, and effects, against unreasonable ^™ts. and 
searches and seizures, shall not be violated, and no warrants 
shall issue but upon reasonable cause, supported by oath 
or affirmation, and particularly describing the place to be 
searched and the person or things to be seized.— [Id. 


ARTICLE V. 

CRIMINAL PROCEEDINGS AND CONDEMNATION OF PROPERTY. 


Section 1 . No person to be held to answer for certain crimes, except on in¬ 
dictment. Exception—not be twice tried for same offense; 
not to be a witness against himself; right to compensation 
for property condemned. 


Section 1. No person shall be held to answer for a capital criminal 
or otherwise infamous crime, unless on a presentment or aiidTonS 
indictment of a Grand Jury, except in cases arising in the nation of 
land or naval forces, or in the militia, when in actual service, property ’ 
in time of war, or public danger; nor shall any person be 
subject for the same offense to be twice put in jeopardy of 
life or limb; nor shall be compelled in any criminal case to 
be a witness against himself, nor be deprived of life, liberty, 
or property, without due process of law; nor shall private 
property be taken for public use without just compensation. 

[Id. 


ARTICLE VI. 

MODE OF TRIAL IN CRIMINAL PROCEEDINGS. 

Section 1 . Accused entitled to speedy trial; to confront witnesses; to have 
counsel; place of trial, etc. 


Section 1 . In all criminal prosecutions the accused shall Mode of 
enjoy the right to a speedy and public trial, by an impartial Smumi 
jury of the State and district wherein the crime shall have proceeding. 
been committed, which district shall have been previously 
ascertained by law, and to be informed of the nature and 
cause of the accusation; to be confronted with the witnesses 
against him; to have compulsory process for obtaining wit¬ 
nesses in his favor, and to have the assistance of counsel for 
his defense.— [Id. 




64 


CONSTITUTION OF 


Trial by 
jury. 


Bails, fines, 
punish¬ 
ments. 


Certain 
rights not 
denied to 
the people. 


States 

rights. 


Judicial 

powers. 


ARTICLE VII. 

TRIAL BY JURY. 

Section 1. Right of trial by jury in civil actions. 

Section 1 . In suits at common law, where the value in 
controversy shall exceed twenty dollars, the right of trial by 
jury shall be preserved; and no fact, tried by jury, shall be 
otherwise reexamined in any Court of the United States than 
according to the rules of common law.—[ Id. 


ARTICLE VIII. 

BAILS—FINES—PUNISHMENTS. 

Section 1. Not to be excessive. 

Section 1 . Excessive bail shall not he required, nor ex¬ 
cessive fines imposed, nor cruel and unusual punishments 
inflicted.— [Id. 


ARTICLE IX. 

CERTAIN RIGHTS NOT DENIED TO THE PEOPLE. 

t I 

Section 1. Rights of people not disparaged by Constitution. 

Section 1 . The enumeration in the Constitution of certain 
rights shall not be construed to deny or disparage others 
retained by the people.— [Id. 


ARTICLE X. 

STATE RIGHTS. 

Section 1. Certain powers reserved to the States or to the people. 

Section 1 . _ The powers not delegated to the United States 
by the Constitution, nor prohibited by it to the States, are 
reserved to the States, respectively, or to the people.— [Id. 


ARTICLE XI. 

JUDICIAL POWERS. 

Section 1. Limitation on. 

Section 1 . The judicial power of the United States shall 
not be construed to extend to any suit in law or equity, 






THE UNITED STATES. 


65 


commenced or prosecuted against one of the United States 
by the citizens of another State, or by citizens or subjects of 
any foreign State .—[Proposed March 5, 1791/.; ratified January 
8 , 1798. 


ARTICLE XII. 

ELECTION OF PRESIDENT AND VICE-PRESIDENT. 

Section 1 . Manner of election, etc. 

Section 1 . The Electors shall meet in their respective 
States, and vote by ballot for President and Vice-President, 
one of whom, at least, shall not be an inhabitant of the same 
State with themselves; they shall name in their ballots the 
person voted for as President, and in distinct ballots the per¬ 
son voted for as Vice-President; and they shall make dis¬ 
tinct lists of all persons voted for as President, and of all 
persons voted for as Vice-President, and of the number of 
votes for each, which list they shall sign and certify, and 
transmit, sealed, to the seat of the Government of the United 
States, directed to the President of the Senate. The Presi¬ 
dent of the Senate shall, in the presence of the Senate and 
House of Representatives, open all the certificates, and the 
votes shall then be counted. The person having the greatest 
number of votes for President shall be the President, if such 
a number be a majority of the whole number of Electors 
appointed; and if no person have such a majority, then from 
the persons having the highest numbers, not exceeding three, 
on the list of those voted for as President, the House of Rep¬ 
resentatives shall choose immediately, by ballot, the Presi¬ 
dent. But in choosing the President, the votes shall be taken 
by States, the representation from each State having one vote; 
a quorum for this purpose shall consist of a member or mem¬ 
bers from two thirds of the States, and a majority of all the 
States shall be necessary to a choice. And if the House of 
Representatives shall not choose a President, whenever the 
right of choice shall devolve upon them, before the fourth 
day of March next following, then the Vice-President shall 
act as President, as in case of the death or other constitu¬ 
tional disability of the President. The person having the 
greatest number of votes as Vice-President shall be the Vice- 
President, if such number be-a majority of the whole num¬ 
ber of Electors appointed; and if no person have a majority, 
then from the two highest numbers on the list the Senate 
shall choose the Vice-President; a quorum for the purpose 
shall consist of two thirds of the whole number of Senators, 
and a majority of the whole number shall be necessary to a 
choice. But no person constitutionally ineligible to the 
office of President shall be eligible to that of Vice-President 
of the United States.—[ Proposed December 12, 1803; ratified 
September 25, 1801/. 


Election of 
President 
and Vice- 
President. 



66 


CONSTITUTION OF 


Slavery 

prohibited. 


Enforce¬ 
ment of this 
article by 
Congress. 


Who are 
citizens— 
rights of. 


Apportion¬ 
ment of 
representa¬ 
tion among 
the several 
States. 


Certain 
persons 
disqualified 
from hold¬ 
ing office, 
etc 


ARTICLE XIII. 

SLAVERY. 


Section 1. Slavery prohibited. 

2. Enforcement of this article by Congress. 

Section 1 . Neither slavery or involuntary servitude, ex¬ 
cept as a punishment for crime whereof the party shall have 
been duly convicted, shall exist within the United States, or 
any place subject to their jurisdiction. 

Sec. 2. Congress shall have power to enforce this article 
by appropriate legislation .—[Declared ratified December 18, 
1865. ( V. S. Statutes at Large , Vol. 13, p. 775.) 


ARTICLE XIV. 

CITIZENSHIP, REPRESENTATION, AND PAYMENT OF PUBLIC 

DEBT. 


Section 1. Who are citizens—rights of. 

2. Apportionment of representation among the several States. 

3. Certain persons disqualified from holding office; removal of dis¬ 

ability, how effected. 

4. Payment of public debt not to be questioned; debts incurred in 

aid of rebellion not to be assumed. 

5. Power of Congress to enforce this article. 

Section .1. All persons born or naturalized in the United 
States and subject to the jurisdiction thereof, are citizens of 
the United States and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United States; nor 
shall any State deprive any person of life, liberty, or prop¬ 
erty, without due process of law, nor deny to any person 
within its jurisdiction the equal protection of the laws. 

Sec. 2. Representatives shall be apportioned among the 
several States, according to their respective numbers, count¬ 
ing the whole number of persons in each State, excluding 
Indians not taxed. But when the right to vote at any elec¬ 
tion for the choice of Electors for President and Vice-Presi¬ 
dent of the United States, Representatives in Congress, the 
executive and judicial officers.of a State, or the members of 
the Legislature thereof, is denied to any of the male inhabit¬ 
ants of such State, being twenty-one years of age and citizens 
of the United States, or in any way abridged, except for par¬ 
ticipation in rebellion, or other crime, the basis of represen¬ 
tation therein shall be reduced in proportion which the 
number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

Sec. 3 . No person shall be a Senator or Representative in 
Congress, or Elector of President and Vice-President, or hold 
any office, civil or military, under the United States, or 
under any State, who, having previously taken an oath as a 



THE UNITED STATES. 


67 


member of Congress, or as an officer of the United States, or 
as a member of any State Legislature, or as an executive or 
judicial officer of* any State, to support the Constitution of 
the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may, by a vote of two-thirds 
of each house, remove such disability. 

Sec. 4. The validity of the public debt of the United Payment of 
States, authorized by law, including debts incurred for pay- £ottobe bt 
ment of pensions and bounties for services in suppressing questioned; 
insurrection or rebellion, shall not be questioned. But SS-red 
neither the United States or any State shall assume or pay inaidof 
any debt or obligation incurred in aid of insurrection or not to be 
rebellion against the United States, or any claim for the loss assumed - 
or emancipation of any slave; but all such debts, obligations, 
and claims shall be held illegal and void. 

Sec. 5.. The Congress shall have power to enforce, by 
appropriate legislation, the provisions of this article.— [De- enforce this 
clared ratified July 28, 1868. ( U. S. Statutes at Large, Vol. 15, article - 

pp. 709-11 .) 


ARTICLE XV. 

ELECTIVE FRANCHISE. 

Section 1 . Right of all citizens to vote. 

2. Power of Congress to enforce this article. 

Section 1. The right of citizens of the United States to Rights of;&u 
vote shall not be denied or abridged by the United States, or Jo vote! 
by any State, on account of race, color, or previous condition 
of servitude. 

Sec. 2. The Congress shall have power to enforce this rower of 
article by appropriate legislation.—[U. S. Statutes at Large, Sfon^thfe 
Vol. 15, p. 346. article - 


















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